State v. Ellis

BROCK, Chief Judge.

Defendant first assigns error to the trial court’s denial of his motion for directed verdict at the close of State’s evidence. As ground for his motion defendant argued a fatal variance between the indictment and proof. The indictment placed ownership of the embezzled funds in the “Provident Finance Company.” Evidence educed at trial placed ownership of the funds in the “Provident Finance Company of Henderson, Inc.” Defendant contends the difference in names constitutes a fatal variance. We disagree.

In an indictment for embezzlement it is necessary to allege ownership of…