AIRHART v. STATE

6 Div. 96.

388 So.2d 211 (1979)

Gerald W. AIRHART v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 22, 1980.


Attorney(s) appearing for the Case

Fred Blanton, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Virginia A. Johnston, Asst. Atty. Gen., for appellee.


TYSON, Judge.

The appellant was indicted and convicted for embezzlement and the trial court fixed his punishment at two years in the state penitentiary. This appeal concerns a variance between the allegation in the indictment and the proof. Based on long standing Alabama law which has been applied to identical facts we hold that appellant's cause must be reversed and remanded.

The state's evidence proved beyond all reasonable doubt that the appellant embezzled...

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