Caley v. State

The trial court found John C. Caley guilty of theft by obtaining control over stolen property. IC 1971, 35-17-5-3 (1) (f) and (2) (a),Ind. Ann. Stat. § 10-3030 (1) (f) and (2) (a) (Burns Supp. 1975). He was sentenced to the Indiana Department of Correction for a period of one to ten years. Caley’s belated motion to correct errors raises two issues:

1. Was the evidence sufficient to prove beyond a reasonable doubt that Caley knew the property was stolen?

2. Was the variance between the affidavit and the proof at trial as to the date of the theft fatal ?

We affirm.

The evidence most favorable to…