Supreme Court of Alabama December 15, 1882 (Walker v. State)

SOMERVILLE, J.

— The indictment charges the defendant with- having assaulted and beat the prosecutrix “ with a weapon, to-wit, a gun.”

The rule is, that the 'mode of committing an offense must generally be proved as laid in the indictment, as least in substance. — Boscoe’s Cr. Ev. * 89-90. This principle embraces the instrument through the agency of which the crime is perpetrated.