Talbot v. State

Birdsong, Presiding Judge.

Marion Talbot was convicted of two counts of armed robbery and sentenced to 20 years on each count, tó serve consecutively. On appeal, he contends inter alia there was a fatal variance in the allegata and the probata, in that the indictments alleged he used a knife in the robbery, but at trial there was no proof of a knife. Held:

1. The indictments charged appellant with taking $3 and $69 in money respectively from Freddie Carson and Pierce Horton, “by intimidation and by use of a knife, the same being an offensive weapon.” The State’s evidence showed that Carson and…