Hagy v. State

The appellant was charged with larceny of cash. The proof disclosed that she had' stolen checks which were negotiated through her account. This appeal ensued.

The appellant urges a variance between the allegations of the information and the proof. We find no merit to the argument. First, no such objection was made before or during the trial. Fla.App. Rule 6.7(g). There was no judicial act to which an assignment of error could be made. See: Rice v. State, 243 So.2d 226 (Fla. 4th D.C.A.1971); Fla.App. Rule 3.5(c). If a question of variance is not raised at trial, it will not be subject to review…