Dyer v. State

Underwood, Judge.

Appellant, Dyer, was convicted of theft by receiving stolen property. On appeal he enumerated nine errors by the trial court. In Enumeration 3, he contends that the trial court erred because the verdict is contrary to law and principles of justice and equity. A review of the record shows that at the trial the state proceeded to establish the elements of the crime of theft by taking as defined in Code Ann. § 26-1802 rather than theft by receiving stolen property as defined in Code Ann. § 26-1806. We find this to be a fatal variance between the allegata and probata and must…