Carter v. State

Shulman, Chief Judge.

Appellant and his co-defendant (Waters) were convicted of robbery by force, aggravated assault, and two counts of aggravated sodomy. Appellant now questions the sufficiency of the evidence and the denial of his motion for mistrial, and contends that there was a fatal variance between the allegata and the probata insofar as the aggravated sodomy counts are concerned.

1. The victim testified that he had accepted the offer of a ride with appellant and Waters after his automobile had broken down. The two men took the victim to a remote area where Carter proceeded to beat him…