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MARCHMAN v. STATE

49543.

132 Ga. App. 677 (1974)

209 S.E.2d 88

MARCHMAN v. THE STATE.

Court of Appeals of Georgia.

Decided September 6, 1974.

Rehearing Denied September 24, 1974.

Attorney(s) appearing for the Case

Weiner & Bazemore, Paul S. Weiner, Terrell A. Abernathy, for appellant.

Ben J. Miller, District Attorney, for appellee.

Arthur K. Bolton, Attorney General, Robert S. Stubbs, II, Executive Assistant Attorney General, Richard L. Chambers, William F. Bartee, Jr., Assistant Attorneys General, John W. Dunsmore, Deputy Assistant Attorney General, amicus curiae.

STOLZ, Judge.

The defendant was indicted by the Spalding County Grand Jury on one count of theft by taking "one Narvo Avionics, Mark 16 Nov/Com., Serial No. 11 FM7" radio on February 8, 1972. The defendant was subsequently tried and found guilty. On direct appeal that conviction was reversed by this court on the grounds that there was a fatal variance between the allegata (Narvo radio described in the indictment) and the probata (the Narco radio referred to in the...

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