Talley v. State

Fourteen-year-old David L. Talley was charged by petitions with breaking and entering a vehicle and third degree theft. After a trial in the juvenile division of the Montgomery County Circuit Court, he was adjudicated a delinquent and sentenced to the custody of the Department of Youth Services. Two issues are raised on appeal.

I

There was no material variance between the allegations of the petition and the proof at trial.

The petition charged that "[o]n or about March 29, 1984, David Lamar Talley did, with knowledge that he did not have the consent of the owner, Carolyn Ball, break into and…