20 S.E. 452 | N.C. | 1894
A mistrial in a case not capital is a matter of discretion. S. v.Johnson,
In this State, Runkins for Rankin, and Dulks Helker for Helker
Duts, ut supra, also Willie Fanes for Willis Fain,
In other States, among many names held idem sonans, and not a variance, the following may be cited at random: Allesandro and Alexander, 105 Pa. St., 1; Anthrom and Antrum, 3 Rich, S.C., 68; Bobb and Bubb, 39 Pa. St., 429; Brearley and Brailey, 46 N.W. 101; Bert Samund and Bernt Sannerud,
In Gooden v. State,
In the present case his Honor properly charged the jury that "If they believed that the person referred to in the bill as `Major Vass' was W. W. Va.ss, and that the order written `maj. Vase,' was presented by the defendant for the purpose of procuring the ham, and that he was attempting to induce the belief that W. W. Vass was the one who signed the order, the spelling `maj. Vase' would not be a fatal variance."
No error.
Cited: Wyatt v. Mfg. Co.,