State v. Curran

1. The defendant, Curran, was indicted for an assault upon Silas Melville, with intent to kill. Upon the trial, the party injured was examined as a witness, and testified that his name was “ Melvin” and not “ Melville.’.’ It was objected that this was a variance, there being no evidence that the person injured was known by the name of Melvin. The court refused to de~ .cide that there was a variance between the evidence and the indictment, but instructed the jury thus : “ As to whether there is a material variance in the sound of the name of the person alleged in the indictment to have been…