Gaskin v. State

Carley, Judge.

Appellant was tried before a jury and convicted of theft by taking. He appeals from the judgment of conviction entered on the guilty verdict.

1. Appellant asserts that there was a fatal variance between the description of the automobile in the indictment and the proof at trial. The indictment on which appellant was tried charged appellant with the unlawful taking of “a motor vehicle, to wit: one (1) 1971 Volkswagen, the property of Gregory Adams Cho, with a value of $1,100.00 with the intention of depriving said owner of said motor vehicle.” At trial Gregory Adams Cho testified…