State v. Johnson

HUNTER, JR., Robert N., Judge.

Christopher Wayne Johnson (“defendant”) appeals the trial court’s denial of his motion to dismiss the charges alleged in the indictment of “unlawfully, willfully and feloniously” selling and deliv ering cocaine to “Detective Dunabro” at the close of the State’s casein-chief. Defendant contends that there was a fatal variance between the indictment and the proof with respect to the name of the purchaser, because the State’s evidence tended to show that the purchaser was “Agent Amy Gaulden,” not “Detective Dunabro.” Since Detective Dunabro and Agent Amy Gaulden are…