State v. Booth

COZORT, Judge.

Defendant appeals a twelve-year prison sentence imposed following his conviction of second-degree kidnapping. He contends that his motion to dismiss the kidnapping charge should have been granted because there was a fatal variance between the date of the kidnapping alleged in the indictment and the date as shown by the State’s evidence at trial. This contention has merit.

The bill of indictment alleged that, on or about 10 March 1987, defendant kidnapped William Bernell Keel by unlawfully removing him from one place to another without his consent and for the purpose of…