LIPHAM v. STATE

CR 91-1940.

616 So.2d 396 (1993)

Sylvia LIPHAM v. STATE.

Court of Criminal Appeals of Alabama.

March 26, 1993.


Attorney(s) appearing for the Case

Randall O. Gladden, Huntsville, for appellant.

James H. Evans, Atty. Gen., and David Bjurberg, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

Sylvia Lipham, the appellant, was convicted of theft by deception in the first degree. Her sentence of two years' imprisonment was suspended and she was granted probation, contingent upon the payment of $6,253.04 in restitution. On this direct appeal from that conviction she argues that there exists a fatal variance between the allegation stated in the indictment that she obtained control over the victim's checks by deception and the proof...

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