State v. Smith

McKUSICK, Chief Justice.

Defendant Roger Smith appeals his convictions by a jury in Superior Court, Penob-scot County, of burglary (Class C) 1 and unauthorized use of property (Class D). See 17-A M.R.S.A. §§ 401(2)(C), 360 (Supp. 1980). We find no merit in either of defendant’s two claims of error.

I

We first reject his assertion that a fatal variance existed between the indictments and the trial evidence as to the identification of the corporate victim of the crimes. The burglary count of the indictment named the place from which the truck was stolen as “a structure of J. J. Nissen, Inc., a…