State v. Ewing

Citations

• 67 Wash. 395
• 121 P. 834
• 1912 Wash. LEXIS 1189

Syllabus

<p>Indictment and Information — Variance — Materiality '— Identity of Person Assaulted. It is not a material variance to allege •an assault against Sylvia R. and to prove an assault against Sylvia E., where the defendant admitted the act and was not misled, in view of Rem. & Bal. Code, § 2061, providing that where the crime involves a private injury, it is sufficient if the information identifies the act with certainty and that an erroneous allegation as to the person injured is immaterial.</p> <p>Same — Variance—Question for Court. Upon an information for an assault against Sylvia R., and proof of an assault against Sylvia E., the court may decide, as a matter of law, that there was no material variance, where it was conceded that the true name was as established by the proof, and there was no claim or evidence that the defendant had been misled by the information.</p>