Clemons v. United States

A one-count misdemeanor information charged appellant with false pretenses. D.C.Code 1973, § 22-1301. A jury trial led to his conviction and to a suspended sentence and twenty-four months’ probation. 1 On appeal, appellant argues that there was a fatal variance between the original information and the offense proved at trial and, alternatively, that the government failed to prove an essential element of the offense of false pretenses. We affirm.

The facts in this case are essentially undisputed. Appellant was employed by W. & J. Sloane, Inc. for approximately two weeks. He was then terminated…