State v. McParlin

OPINION

WEISBERGER, Justice.

The appellant, James McParlin, was tried in March of 1978 on six counts arising from one indictment and two separate informa-tions. The jury convicted appellant on count two of the indictment, 1 which charged that appellant “did commit the abominable and detestable crime against nature, fellatio, upon Deborah M. Etchells, in violation of § 11-10-1 of the G.L.R.I., 1956, as amended, (Reenactment of 1969).” The appellant now challenges this conviction because of a variance between the indictment and the proof.

Prior to trial, appellant moved for dismissal of this count…