Ex Parte Airhart

Certiorari was granted to determine whether or not the decision of the Court of Criminal Appeals, 477 So.2d 976, in this case applied the correct principle of law to the charge that this defendant

"did knowingly obtain or exert unauthorized control over Three Thousand Nine Hundred Thirteen Dollars and Fourteen Cents of the lawful currency of the United States of America . . . with the intent to deprive the owner of said property, contrary to Section 13A-8-3. . . ."

Specifically, the petitioner contends that there was a variance between this charge and the proof adduced at trial and as found by…