Brewer v. State

STONE, J. —

The appellant was indicted in Jefferson Circuit Court. The indictment, found by a grand jury of that county, contained a single count, and charged that, “ before the finding of this indictment, William Brewer, having a Avife then living, unlawfully married one Josephine Garner.” On the trial under the first indictment, testimony was introduced for the State, which shoAved that the marriage with Josephine Garner Avas solemnized in Bibb county. Thereupon, the court made, the following order: “There being a variance ■ between the allegations in the indictment and the proof, in this,…