West v. State

The defendant was convicted of the offense of malicious mischief. His motion for new trial was overruled, and that judgment was excepted to. The sole contention in the brief of counsel for the plaintiff in error is that there was a fatal variance between the allegata and the probata, in that the indictment charged that the accused did wilfully and maliciously drive an automobile against an automobile truck of the Atlanta Fixture & Sales Company, with'a reckless intent to do injury to said truck, and with intent to cause annoyance and trouble to W. T. Jones, the driver of said truck, and…