Whitney v. State

Appellant was indicted for murder in the first degree in the circuit court of Miller County, for shooting and killing Sam Warren. Upon a trial of the cause he was -convicted of voluntary manslaughter,- and, as a punishment therefor, was adjudged to serve a term of seven years in the State Penitentiary, from which is this appeal.

The first assignment of error is an alleged variance between the indictment and proof with reference to the person killed. The indictment charged that appellant killed Sam Warren, whereas the proof showed that he killed Son Warren. No question was raised in the trial…