Riddle v. State

James Riddle was tried by the Honorable William H. Miller, Judge, and a jury in the Vanderburgh Circuit Court on the charge of theft, by attempting to control property by threat, under I.C. 1971, 35-17-5-74, being Burns § 10-3041 (1971 Supp.). He was found guilty and sentenced to not less than one nor more than ten years. His direct appeal from that conviction alleges the following three errors: (1) that evidence seized pursuant to a defective search warrant should have been excluded; (2) that there was a fatal variance between the evidence and the State’s reply to the appellant’s alibi…