Etheridge v. Commonwealth

The principal question in this criminal appeal is whether there was a fatal variance between the allegations of the indictment and the proof adduced at trial. A subsidiary question involves the interpretation of Code § 18.1-152 1 .

These questions arose during the jury trial of Welton Walter Etheridge, the defendant. He was charged with and convicted of a violation of Code § 18.1-152, and the jury fixed his punishment at five years in the penitentiary. The trial court overruled his motion to set aside the verdict and imposed the sentence fixed by the jury. We granted a writ of error.

The…