Wideman v. State

COLEMAN, Justice.

In granting the writ, we specified that review would be limited to that part of the opinion of the Court of Appeals delivered on rehearing, wherein it was concluded that there was a fatal variance between the indictment and proof in that the indictment described one of the items stolen as “one piece of steel cable * * * a better description of which property is to the Grand Jury unknown otherwise than as indicated * * *,” but the proof showed that the Grand Jury did know that the cable stolen was seventy-five feet long and, therefore, did know a better description of the…