Clark v. State

Benham, Judge.

A jury convicted appellant of theft by taking a motor vehicle and driving under the influence. On appeal, appellant questions the sufficiency of the evidence concerning several elements of the crimes of which he was convicted.

1. Appellant first contends that a variance between the vehicle identification number (VIN) contained in the indictment and the VIN proved at trial is fatal and requires reversal of his conviction. We disagree. The indictment described the stolen automobile as a “1973 Ford Galaxie . . . , VIN # 3N5411111947, bearing Georgia Tag # DOA 336, the property of…