Walker v. State

Deeen, Judge.

The accusation charges the defendant Walker jointly with Willie Marion of larceny from the house. The defendants elected to sever; the co-defendant did not testify but was identified without objection by one of the State’s witnesses under the name of Willie Merritt, and the court in instructing the jury referred without, objection to the alleged accomplice by the name of Merritt. The variance was not made the subject of a plea of misnomer or otherwise called to the court’s attention prior to conviction, and thus in any event has not been properly raised. Pulliam v. Donaldson, 140…