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CARMON v. STATE

512 S.W.2d 595 (1974)

Virgil CARMON, Plaintiff-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

Certiorari Denied June 17, 1974.

Attorney(s) appearing for the Case

James T. Bowman, Public Defender, Johnson City, for plaintiff in error.

David M. Pack, Atty. Gen., William C. Koch, Jr., Asst. Atty. Gen., Nashville, Tenn., Jack Carrier, Asst. Dist. Atty. Gen., and Martha M. Sherrod, Asst. Dist. Atty. Gen., Johnson City, for defendant in error.

Certiorari Denied by Supreme Court June 17, 1974.

OPINION

O'BRIEN, Judge.

Judgment on jury verdict finding defendant guilty of grand larceny with punishment fixed at three (3) years in the State Penitentiary. Defendant appeals.

The first assignment charges the trial court erred in declining to direct a verdict of acquittal because of a fatal variance between the proof and the indictment.

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