WIDEMAN v. STATE

7 Div. 372.

110 So.2d 298 (1959)

R. E. WIDEMAN v. STATE of Alabama.

Supreme Court of Alabama.

March 19, 1959.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and Robt. P. Bradley, Asst. Atty. Gen., for petitioner.

Wales W. Wallace, Jr., Columbiana, opposed.


COLEMAN, Justice.

In granting the writ, we specified that review would be limited to that part of the opinion of the Court of Appeals delivered on rehearing, wherein it was concluded that there was a fatal variance between the indictment and proof in that the indictment described one of the items stolen as "one piece of steel cable * * * a better description of which property is to the Grand Jury unknown otherwise than as indicated * * *," but the proof showed that...

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