Taylor v. State
| Decision Date | 17 January 1907 |
| Citation | 148 Ala. 565,42 So. 997 |
| Parties | TAYLOR v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Tuscaloosa County Court; H. B. Foster, Judge.
Bud Taylor was convicted of homicide, and he appeals. Affirmed.
Massey Wilson, Atty. Gen., for the State.
There is but one question presented for our consideration. The indictment charges that the defendant committed the homicide by shooting the deceased with a pistol, and the evidence shows that the shooting was done with a shotgun. The defendant objected to this evidence on the ground of a variance, and also requested a charge to the jury for his acquittal on the same ground. This question has been decided adversely to the appellant in the case of Turner v. State, 97 Ala. 57, 12 So. 54. See, also, Jones v. State, 137 Ala. 12, 34 So. 681.
There is no error in the record, and the judgment is affirmed.
Affirmed.
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Alabama Great Southern R. Co. v. McFarlin
... ... substantially the same kind as that alleged in the indictment ... does not constitute a variance. Hull v. State, 79 ... Ala. 32; Turner v. State, 97 Ala. 57, 12 So. 54; ... Jones v. State, 137 Ala. 13, 34 So. 681; Taylor ... v. State, 148 Ala. 565, 42 ... ...
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Stevenson v. State, 3 Div. 271
...with "a pistol" and proof of shooting with "a shotgun" is not "material". Turner v. State, 97 Ala. 57, 12 So. 54 (1892); Taylor v. State, 148 Ala. 565, 42 So. 997 (1907). The rationale for this ruling is that these two weapons are of the same general character and inflict the same type of i......
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Weaver v. State
...between the allegation of the indictment and the proof. Hull v. State, 79 Ala. 32; Turner v. State, 97 Ala. 57, 12 So. 54; Taylor v. State, 148 Ala. 565, 42 So. 997; Matthews v. State, 51 Ala.App. 417, 286 So.2d The appellant's second contention in his brief is that the trial court erred to......
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Williamson v. State
... ... with a pistol and not with a gun. This insistence is without ... merit and cannot avail the appellant. The following ... authorities are conclusive on this point. Hull v ... State, 79 Ala. 32; Turner v. State, 97 Ala. 57, ... 59, 12 So. 54, 55; Taylor v. State, 148 Ala. 565, 42 ... So. 997; Huckabee v. State, 159 Ala. 45, 48 So. 796, ... 797; Alabama Great Southern Railway Co. v. McFarlin, ... 174 Ala. 637, 56 So. 989, 991 ... In Hull ... v. State, supra, the court said: "Under an indictment ... which charges an assault with a ... ...