Harrison v. State

Banke, Presiding Judge.

The appellant brings this appeal from the denial of his motion for new trial following his conviction of armed robbery. Held:

1. It is contended that there was a fatal variance between the indictment and the proof in that the indictment alleged a robbery of Phil Stephenson, the owner of the service station where the robbery occurred, whereas the evidence established that the victim had been, Randy Hicks, an employee of the service station. The state does not dispute that Hicks and Stephenson are two different individuals but| contends that the variance cannot be…