State v. . Hester

Citations

• 29 S.E. 380
• 122 N.C. 1047
• 1898 N.C. LEXIS 397

Syllabus

<p>Indictment for Perjury — Allegation and Proof— Variance.</p> <p>Where a bill of indictment for perjury alleged that it was committed in an action wherein one “H was plaintiff and Thomas R. Robertson was defendant,” and the proof was that “Thomas Robertson” was the defendant in said action and there was evidence of the identity of Thomas Robertson and Thomas R. Robertson ; Held, That the variance was not fatal and it was for the jury to determine the identity of the two persons, it being the policy of the law (Section 1183, of The Code) that no judgment shall be arrested by reason of informality, technicality or “refinement.”</p>