Pinson v. State

1. There were five special grounds added to the motion for new trial by amendment. Four of these grounds deal with the proposition whether a new trial should be awarded because there was a material and fatal variance between the allegations in the indictment and the evidence, and the verdict was, therefore, unauthorized by the evidence and contrary to law, in that the indictment alleged that the tires were entrusted to the defendant for the purpose of being hauled by him in this freight truck of the common carrier, his employer, to a named consignee in Elberton, when the evidence shows that…