Gentry v. State

on rehearing.

May 31, 1911.

PRENDERGAST, Judge.

The appellant has filed a motion for rehearing, and earnestly insists that this court erred in holding that the name “Laun Gentarv” is idem sonans with “Lon Gentry,” and cites several cases where different words were held not to be idem sonans, decided by the courts of this State.

The doctrine' of idem sonans has been much enlarged by modern decisions to conform to the growing rule that a variance, to be material, must be such as would mislead a party to his prejudice. State v. White, 34 S. C., 59; 12 S. E., 661; 27 Am. St. Rep., 783.

Again, as laid…