GODFREY, Justice.
Two questions of substance are presented by this appeal: first, the sufficiency of the indictment under which defendant was convicted after a jury-waived trial, and, second, the effect of a certain variance between the indictment and the proof submitted by the State.
The indictment, purporting by its caption to be one for "violation of 17 M. R.S.A. § 1601 (selling mortgaged property)", charged Dill in the following language:
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