Marchman v. THE STATE

Quillian, Judge.

The defendant appeals to this court from a judgment of the Spalding Superior Court entered upon a jury verdict of guilty of theft by taking.

In this court, the defendant makes the following enumerations of error: (1) There was a fatal variance between the allegations in the indictment and the proof adduced on trial with regard to the description of the stolen property. (2) The evidence was insufficient to show beyond a reasonable doubt that the serial number on the stolen property was the same as that contained in the indictment. (3 & 4) The evidence did not exclude the…