Jacobs v. State

Citations

• 46 Fla. 157

Syllabus

<p>Criminal Law — Variance in Allegata and Probata as to Name op Party Injured.</p> <p>1. Where an indictment for a criminal assault upon and carnal abuse of a female child alleged the name of the child assaulted to have been “Rosa Lee Nelson,” and the only proof offered to sustain such allegation showed that her name was “Rosa Lee Ann,” a conviction can not be sustained.</p> <p>2. The name of the person assaulted as alleged in the indictment is an essential element in the legal description of the offense, and the failure to prove it as laid is fatal to a conviction had.</p>