Smith v. State

Atkinson, Presiding Justice.

In 14 R. C. L. 206, § 50, it is *367said: “It is the well-established general rule that to make a variance between allegations in an indictment or information and the proof fatal, it must be material and prejudicial; and this rule is emphasized in some jurisdictions by statute. The charge of variance, to be sustained, must have reference to some matter essential to the indictment or information, and, in general, the descriptive averments of the mode in which an offense has been committed are not required to be strictly proved, if in substance the evidence supports the…