Barnett v. State

HURT, Presiding Judge.

This appellant was convicted of the slander of a female, and his punishment assessed at §100. The slander alleged in the indictment is in the following words: “That the said Joseph Barnett had had carnal intercourse with her, the said Bertha Hartfield.” The proof was that the appellant had said: “You see that girl, (pointing to Bertha Hartfield). Well, I’ve f——d her.” Appellant moved for a new trial, on the ground that the evidence did not sustain the verdict of the jury. His motion was overruled, and he appealed. The question is, whether therefis a variance between the…