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SHULER v. STATE

A93A1114.

213 Ga. App. 790 (1994)

446 S.E.2d 225

SHULER v. THE STATE.

Court of Appeals of Georgia.

Reconsideration Denied July 12, 1994.

Attorney(s) appearing for the Case

Banks & Stubbs, Rafe Banks III, for appellant.

Garry T. Moss, District Attorney, C. David Gafnea, Assistant District Attorney, for appellee.

Judge Harold R. Banke.

The appellant was indicted for one count of burglary occurring on November 28, 1991. After the trial commenced on April 22, 1992, the State announced that it intended to prove the offense actually occurred on November 29, 1991. The appellant moved for a directed verdict of acquittal on the ground that there was a fatal variance between the allegata and the probata. The trial court denied that motion

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