State v. McArthur

OPINION

DAUGHTREY, Judge.

Because the record in this case reveals a fatal variance between the indictment and the proof at trial, the judgment of conviction against defendant Steven G. McArthur must be reversed and the charge dismissed.

McArthur was indicted for fraudulent breach of trust. The proof showed that while acting as a sales agent for Distra Enterprises, Ltd., a New York wholesale jewelry distributor, McArthur had received over $100,000 worth of the company’s merchandise but accounted for only $38,000 in proceeds. Defense counsel was careful to establish that during the time the…