Harley v. State

CHRISTIE, Chief Justice.

In this case we are called upon: (a) to determine the significance of a variance between the wording of the indictment and the evidence actually presented at trial and (b) to pass upon the propriety of an amendment to the indictment after the verdict is rendered.

Appellant, Cornelius Harley, while visiting at a friend’s apartment, became involved in a fight during which Harley struck and injured another man with the ratcheted portion of a tire jack stand. The indictment accused the appellant of striking the victim with a “tire iron”. The testimony presented at trial,…