State v. Evans

BakKs, Chief Justice.

The appellant and another were tried, convicted and sentenced at a term of the Court of General Sessions for Chester County on March 8, 1949, on an indictment charging them with manufacturing whiskey on February 11, 1949. The warrants for the arrest of the defendants also alleged the date as of February 11, 1949.

On the trial of the case, the witnesses for the State fixed the date as of February 10, 1949. When the State closed its case, the appellant moved for a direction of a verdict of not guilty on the grounds: (1) That there was a material variance between the…