McHugh v. State

Stolz, Judge.

The basis of this appeal from the conviction of criminal attempt to commit burglary is the contended material, hence fatal, variance between the allegation in the indictment of an "attempt to force door open causing burglar alarm to sound on the office of Dr. Clyde Harrison” and proof that the alarm was activated by an attempt to knock in a window.

" 'In criminal law an unnecessarily minute description of a necessary fact must be proved as charged; but an unnecessary description of an unnecessary fact need not be proved.’ Hall v. State, 120 Ga. 142 (1) (47 SE 519).” Bell v. State,…