Hancock v. State

Deen, Presiding Judge.

Billy Hancock appeals from his conviction of simple assault, alleging a fatal variance between the allegata in the indictment and probata at trial. Held:

The evidence showed that Hancock owed Morrison, the victim, more than $700 for purchases that he made at the victim’s hardware store. Morrison had been trying without success for almost a year to learn Hancock’s address so he could discuss the unpaid bill. Morrison went to a local business where he knew that Hancock would be receiving a check and, after a discussion of the matter, Hancock struck Morrison under the chin…