The only question made on this appeal is, whether the variance between the names of Chambers and Chamberlain is such as, under our statute, to require a reversal of the judgment. Defendant’s counsel contend “ that the description in the indictment, of the location of the building alleged to be a nuisance, is matter of local description, hence must be proved as laid — the variance being of necessity fatal.” Mr. Justice Cole, and the writer, are of opinion, if the above rule applies to this case, that, under existing statutes, this- variance is no longer of such a nature as to require or justify a reversal of the judgment, it not affecting “ the substantial rights of the defendant upon the merits ” (Rev. §§ 4660, sub-div. 4, 5; §§ 4925, 4650, 4659, cl. 5).
Justices Weight and Beck are of a contrary opinion, and regard the case of The State v. Crogan (8 Iowa, 523),
Affirmed.