Hunter v. State

Deen, Chief Judge.

Robert Hunter brings this appeal following his conviction of burglary alleging a fatal variation between the allegata and the probata.

1. Hunter was indicted for burglary “on the 18th day of August . . . Nineteen Hundred Seventy-Eight . . . unlawfully and without authority, and with intent to commit a theft therein, entered the business house of Harry W. West the owner thereof, d/b/a West’s Grocery, located on Georgia Highway No. 373, on the north side of said highway, approximately ten (10) miles from the city limits of Calhoun, Georgia.”

A police officer testified that he…