Supreme Court of Alabama January 15, 1846 (State v. Kreps)

COLLIER, C. J.

It is enacted by the 11th section of the 8th chapter of the Penal Code, that “ whenever, in the progress of a criminal trial, it shall be found, that there is such a material variance between the allegations of the indictment, and the proof adduced, as will for that cause authorize the acquittal of the accused, and he shall not assent to the amendment of the indictment, so as to