State v. Colson

EUBANK, Judge.

This appeal by the defendant from a judgment of guilt and his sentence to the state prison for two to five years raises two questions for our consideration:

1. Was there a fatal variance between the information and the State’s proof when the State’s evidence was that Dana Brothers Shamrock Service Station was a sole proprietorship owned by one Ferrell Dana?

2. Should the Court have instructed the jury, as a matter of law, that Danny Sester was an accomplice to the crime charged ?

With reference to the first question, the information to which the defendant entered his plea of “not…