Simmons v. State

'The opinion of the Court of Appeals discloses that defendant (petitioner here), obtained from the bank, by means of false •pretenses, a deposit slip for $500 on October 3rd and checked out the said $500 the next day.

Though the money was paid to him or to someone for his benefit, the day following the deposit, it is strenuously insisted there was a fatal variance between the allegation of the receipt of money and the proof of said deposit, and that by reason of such variance the affirmative charge was due in his favor.

The ruling of the Court of Appeals in denial of this contention is…