Wheaton v. State

The defendant was indicted for the murder of Artie D. Young. Pie was convicted of murder in the second degree, and from,, the judgment of conviction he appeals.

It is strenuously insisted by appellant that the defendant is entitled to the general affirmative charge on account of a variance between the allagata and the probata; in that, the person alleged to have been murdered was designated in the indictment as Artie D. Young, whereas the proof named the deceased as Artis D. Young.

In Stone v. State, 115 Ala. 121, 22 So. 275, it was held that when an injury to the person or property of another…