Wabbington v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

William George Wabbington, the appellant, was indicted and convicted for robbery in the first degree in violation of Alabama Code Section 13A-8-41 (1975). He was sentenced as an habitual offender to a term of life without parole. Seven issues are argued on appeal.

I

We find no variance between the averments of the indictment and the proof at trial. The indictment alleged "the theft of three (3) hams of the aggregate value of Thirty-Nine Dollars ($39.00)."

Arthur Lee…