22 Ga. App. 622 | Ga. Ct. App. | 1918
It now seems settled that the rule in Georgia is:.“The proof of the means of commission of a homicide or assault need not conform strictly to the averment, of such means in the indictment, provided the means of death or mode of applying the violence be the same in kind and agree in substance with those charged. As to the allegation of the instrument by which death is inflicted, or the assault committed, there is no variance where the proof shows that another instrument than that alleged was used, and where it was of a similar nature and caused the same character of wound or injury. The question in each case is whether the nature and character of the injury and the manner and means of inflicting it as proved is practically and substantially, though not identically, the same as that alleged. Thus evidence as to a dagger, sword, bayonet, hatchet, or
Judgment affirmed.