Hairston v. Commonwealth

Opinion

KOONTZ, C.J.

Jessie McDonald Hairston, appellant, was convicted by a jury on November 1, 1984, on a charge of robbery and use of a firearm in the commission of that robbery. He was sentenced to a term of twenty-four years in the penitentiary. In this appeal appellant contends that there was a fatal variance between the allegations of the indictments and the offenses proved at trial. We hold that variance was not fatal and affirm the convictions.

The facts are not in dispute. On July 9, 1984, Hairston and another armed man entered the insurance agency belonging to John G. Blankenship…