Robinson v. State

Birdsong, Judge.

Defendant was indicted for motor vehicle theft and convicted. He appeals contending that the trial court erred in denying his motion for judgment of acquittal notwithstanding the verdict of guilty based upon a fatal variance between the allegata and probata. While we do not agree that Robinson was entitled to a motion for a directed verdict of acquittal, we agree that there was prejudicial error in the charge of the trial court which necessitates reversal of the judgment and sentence. The indictment in pertinent part charged that defendant "did unlawfully then and there take…