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STATE v. McARTHUR

648 S.W.2d 659 (1983)

STATE of Tennessee, Appellee, v. Steven G. McARTHUR, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

January 18, 1983.

Attorney(s) appearing for the Case

David M. Himmelreich, Asst. Atty. Gen., Nashville, C. Wayne Hyatt, Asst. Dist. Atty. Gen., Gallatin, for appellee.

Randall Kinnard, Nashville, for appellant.

OPINION

DAUGHTREY, Judge.

Because the record in this case reveals a fatal variance between the indictment and the proof at trial, the judgment of conviction against defendant Steven G. McArthur must be reversed and the charge dismissed.

McArthur was indicted for fraudulent breach of trust. The proof showed that while acting as a sales agent for Distra Enterprises, Ltd., a New York wholesale jewelry distributor, McArthur had received over $100,000...

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