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MARCHMAN v. STATE

29453.

234 Ga. 40 (1975)

215 S.E.2d 467

MARCHMAN v. THE STATE.

Supreme Court of Georgia.

Decided March 4, 1975.

Rehearing Denied March 25, 1975.

Attorney(s) appearing for the Case

Paul S. Weiner, for appellant.

Ben J. Miller, District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.

Lewis R. Slaton, District Attorney, Hinson McAuliffe, Solicitor, Carter Goode, Assistant District Attorney, Charles T. Shean, III, Johnny R. Moore, amicus curiae.

UNDERCOFLER, Presiding Justice.

On February 8, 1972, appellant was indicted and subsequently convicted of theft by taking a radio on January 20, 1972, described as "one Narvo Avionics, Mark 16 Nov/Com., Serial No. 11-FM7." The proof showed the radio was a Narco. The Court of Appeals reversed the conviction because, "... the proof offered did not show that the stolen equipment was the same as that described in the indictment." Marchman v. State,

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