Hudson v. State

STOREY, Justice.

This is an appeal from a conviction of misdemeanor theft. Appellant contends that (1) there was a fatal variance between the allegations in the information and the proof at trial, (2) the evidence was insufficient to prove intent to steal, (3) the prosecutor committed misconduct in making a sidebar comment, (4) the court erred in improperly forming the jury, and (5) appellant did not receive effective assistance of counsel. We disagree with each of these contentions and, consequently, affirm.

Appellant initially contends that there was a fatal variance between the allegations…