29 Del. 440 | New York Court of General Session of the Peace | 1917
delivering the opinion of the court:
Is the variance shown fatal? A variance between the alie-' gation and proof of the ownership of goods stolen is fatal. State v. Hearns, 2 Harr. 530. It is generally held that a variance in the name or names of persons, other than the accused, necessary to be inserted as a part of the description of the offense, is fatal; for the reason that a true description of the offense is necessary to the accused in preparing his defense. If the variance is in an immaterial matter it is not fatal. On a charge of a sale of intoxicating liquor, without a license to three persons, as laid in this case, the court is of the opinion that it is sufficient to prove such a sale to one of them. Such proof does not establish another and distinct offense. The variance shown is not of a matter legally essential to the offense charged, and is not prejudicial to the accused.
The motion is denied.