State v. Harris

Appellant contends there was a fatal variance between the allegations in the bill of indictment and the proof offered by the State in that there was evidence offered by the State to the effect that the robbers also took money from the person and presence of one Roland Dutton, a checker at a cash register in the A & P Store, and that therefore even though defendant may have been acquitted in this trial he could have been indicted and tried for the armed robbery of Roland Dutton.

The bill of indictment charged as. follows:

“THE GRAND JURORS FOR THE STATE UPON THEIR OATH PRESENT, That Leroy Harris…