Betts v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at a term of forty years in the penitentiary.

The facts briefly stated show that appellant was a schoolteacher, and the father of two children. The child charged to have been murdered was his little daughter some two or three years of age, whose name was alleged in the indictment to be Rozella. The evidence shows" she was usually called Eva, but that her name was Eva Rozella Betts. There is a variance claimed between the allegation and the indictment on account of this evidence. The…