Richardson v. State

BROWN, Justice.

We do not construe the opinion of the Court of Appeals as resting a reversal of the judgment of the Circuit Court on the ground of a variance between the averments of the indictment and the proof, though it is observed therein: “There was a variance as to the description of the money in the indictment and in the testimony given by Richburg on the stand.” Nor do we understand from the opinion that any such point was made on the trial.

Assuming that there was such variance, it was immaterial and not fatal to a conviction of the offense of assault with intent to rob, the offense of…