Delevie v. State

The appellant, William C. Delevie, appeals his conviction for theft of property in the first degree, a violation of §13A-8-3, Code of Alabama 1975. He was sentenced to life imprisonment pursuant to the Alabama Habitual Felony Offender Act.

The appellant argues that the trial court erred in denying his motion for a judgment of acquittal on the grounds that a fatal variance existed between the indictment and the proof presented at trial. Specifically, he argues that the indictment was defective because it charged him with theft of currency by deception when the evidence at trial proved that he…