Aikens v. State

CASE SUMMARY

Buchanan, P.J.

Defendant-appellant Marvin Lee Aikens (Aikens) was convicted by a jury of Theft From The Person and seeks reversal because of a variance as to the date of commission of the crime in the State’s Answer to Notice of Alibi and the charging Affidavit. We affirm.

FACTS — The facts supporting the conviction are:

On January 25, 1971, an Affidavit charging Aikens with the crime of Robbery was filed alleging that the robbery occurred on October 31, 1970. Trial was set for September 20, 1971. On September 15, 1971, five days prior to trial, Aikens filed a Notice Of Alibi…