Hoskins v. State

Citations

• 106 Miss. 368
• 63 So. 671

Syllabus

<p>1. Criminal Law. Appeal. Correction of transcript. Variance. Objection below.</p> <p>Where the stenographer’s transcript of the evidence in a case-makes a witness call the defendant by a name other tharl that named in the indictment, it was improper for the stenographer under the instructions of the trial court to change the name to correspond with the indictment.</p> <p>2. Criminal Law. Appeal. Variance. Objection below.</p> <p>Where a defendant appears and pleads not guilty to an indictment and witnesses refer to him by another name than that set out in the indictment and the defendant does not bring such variance to the court’s attention or disclose his real name, he-cannot on appeal claim error for such variance.</p>