HELMS v. STATE

8 Div. 41.

121 So.2d 106 (1960)

Clyde HELMS v. STATE of Alabama.

Supreme Court of Alabama.

May 26, 1960.


Attorney(s) appearing for the Case

Smith & Moore, Montgomery, for petitioner.

MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., opposed.


LAWSON, Justice.

This cause is before us on petition for writ of certiorari to review and revise the opinion and judgment of the Court of Appeals in the case of Helms v. State.

The petition asserts error by the Court of Appeals in that it did not reverse the trial court for refusing to exclude the State's evidence after it had rested its case, on the ground that there was a variance between the indictment and the proof in that the indictment charged that the...

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