The general rule is that the evidence must correspond with the averments in the indictment, especially descriptive averments, otherwise there would be a fatal variance;55 and this includes names of persons involved,56 also corporations.57

Thus if the indictment charges the stealing of a black horse, evidence of the stealing of a horse of a different color is incompetent.58

A charge of burglary "in the night-time" varies from the evidence of burglary "in the day-time." 59