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STANCELL v. STATE

56148.

146 Ga. App. 773 (1978)

247 S.E.2d 587

STANCELL v. THE STATE.

Court of Appeals of Georgia.

Decided July 14, 1978.

Attorney(s) appearing for the Case

Coney, Tinsley & Tinsley, William C. Tinsley, II, for appellant.

John T. Perren, District Attorney, Kenneth L. Shigley, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

Stancell appeals his conviction, by a jury, of theft by taking. Held:

1. Appellant alleges a fatal variance in the allegata and the probata. The accusation stated that the appellant did unlawfully "take one 226 NAPA Battery, one R87 Delco Battery and two R89 Delco Batteries, falued [sic] at $11.00, the property of Service Supply Co., with the intent to deprive the said Service Supply Co. thereof." Although the Delco batteries were accurately...

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