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ROBINSON v. STATE

58071.

152 Ga. App. 296 (1979)

262 S.E.2d 577

ROBINSON v. THE STATE.

Court of Appeals of Georgia.

Decided November 14, 1979.

Attorney(s) appearing for the Case

M. Gene Gouge, Dianne Cook, for appellant.

Charles A. Pannell, Jr., District Attorney, Roland R. Castellanos, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

Defendant was indicted for motor vehicle theft and convicted. He appeals contending that the trial court erred in denying his motion for judgment of acquittal notwithstanding the verdict of guilty based upon a fatal variance between the allegata and probata. While we do not agree that Robinson was entitled to a motion for a directed verdict of acquittal, we agree that there was prejudicial error in the charge of the trial court which necessitates...

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