State v. Wyatt

Defendant assigns as error the overruling of his motion for nonsuit. He contends that the motion should have been granted because of a variance between the allegation in the indictment and the proof. The indictment alleges embezzlement of the property from the “Pestroy Exterminating Co.” However, the defendant moved for a bill of particulars and in the bill of particulars the phrase “Pestroy Exterminators, Inc.” was used. The record also shows that the witnesses used these terms, along with “Pestroy Exterminating Corporation,” interchangeably throughout the trial. It is apparent that all the…