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  5. 854 S.W.2d 638 (1993)
 

STATE v. MAYES

854 S.W.2d 638 (1993)

STATE of Tennessee, Plaintiff-Appellant, v. Steve MAYES, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

May 10, 1993.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, Jeannie Kaess, Asst. Atty. Gen., Nashville, for plaintiff-appellant.

Tim S. Moore, Newport, for defendant-appellee.

OPINION

DROWOTA, Justice.

The Defendant, Steve Mayes, was convicted by a jury of selling a Schedule II controlled substance and received a six year term of imprisonment. The Court of Criminal Appeals reversed the conviction on the basis that there was a material variance between the indictment and the proof presented at trial. Specifically, the indictment alleged that the illegal sale was made to an undercover informant when, in fact, it was made to someone...

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