State v. Smith

Defendant first assigns as error the refusal of the trial court to grant his motions for judgment of nonsuit as to the breaking and entering and larceny charges.

On this assignment of error, defendant contends that there was a fatal variance between the allegations in the bill of indictment and the evidence on both the breaking and entering and the larceny charges. Bobby L. Murray, named in the bill of indictment, was not called as a witness for the State. His brother Jimmy Murray testified that he was manager of the Murray Gulf Service located at 501 Fayetteville Street, in the city of…