Cochran v. State

This case was reversed for a supposed variance between the proof and the allegation in count one of the indictment, under which conviction was had, and in which appellant was charged with forgery of the written instrument set out in our original opinion, which included the endorsement of J. H. Dillard on the back of a check. The State asserted that there was no such variance. What in fact is a variance of such materiality as to call for such reversal, is a question of much interest, and one which presents many angles.

Without citing the authorities, it may be stated that we allege theft of one…