TALLEY v. STATE

3 Div. 112.

483 So.2d 1369 (1985)

David L. TALLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 14, 1985.


Attorney(s) appearing for the Case

Charles M. Law, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

Fourteen-year-old David L. Talley was charged by petitions with breaking and entering a vehicle and third degree theft. After a trial in the juvenile division of the Montgomery County Circuit Court, he was adjudicated a delinquent and sentenced to the custody of the Department of Youth Services. Two issues are raised on appeal.

I

There was no material variance between the allegations of the petition and the proof at trial...

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