Marsh v. State
Court of Appeals of Georgia
1Opinion of the Court
Pannell, Judge.
1. Where the indictment charged the defendant with the offense of larceny of “one (1) 1965 Chevrolet Automobile, Super Sport, color white, 1964 Georgia tag number 6-J-13902, serial number 166375 D 104284, of the value of $4,200,” and the proof showed that the automobile stolen had a 1965 Georgia tag number 6-J-13902, there was a fatal variance between the allegata et probata. See Smith v. State, 185 Ga. 365 (195 SE 144) and cases cited therein. And the fact that the owner who identified the car stolen as bearing a 1965 automobile tag, identified the car found in the possession…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Georgia · 1938
- Sloan v. StateCourt of Appeals of Georgia · 1942
- Hentz & Co. v. BoozCourt of Appeals of Georgia · 1911
- Moore v. StateCourt of Appeals of Georgia · 1913
3Cited by10 opinions
- Dobbs v. StateSupreme Court of Georgia · 1976
- Ingram v. StateCourt of Appeals of Georgia · 1976
- Smith v. StateCourt of Appeals of Georgia · 1977
- Sheffield v. StateCourt of Appeals of Georgia · 1971
- Marchman v. THE STATECourt of Appeals of Georgia · 1973
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