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ELLIS v. STATE

No. 46335.

254 So.2d 902 (1971)

Jimmy Wayne ELLIS v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 20, 1971.

Attorney(s) appearing for the Case

Hugh L. Bailey, James Sumner, Winona, for appellant.

A.F. Summer, Atty. Gen., by Jeff East, Special Asst. Atty. Gen., Jackson, for appellee.

ROBERTSON, Justice:

Jimmy Wayne Ellis was indicted, tried and convicted in the Circuit Court of Montgomery County of the crime of forgery. He was sentenced to 10 years in the state penitentiary.

The appellant has assigned three errors: (1) a fatal variance between the indictment and the proof, the indictment charging that appellant defrauded the Piggly Wiggly Store of Winona, a corporation, while the proof showed that the Piggly Wiggly Store was owned and...

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