Fortner v. State

Markle, Judge.

*436*226Ronald Fortner was convicted of 18 counts of violation of oath by a public officer ( OCGA § 16-10-1 ), and 11 counts of theft by deception *227( OCGA § 16-8-3 ).1 He appeals from the denial of his motion for new trial, as amended, arguing that (1) there was a fatal variance between the indictment and the evidence at trial, and thus he was entitled to a directed verdict of acquittal; (2) the trial court erred in admitting into evidence an exhibit that was not produced during discovery; and (3) the trial court improperly barred defense counsel from arguing that certain language in…