Marchman v. State

Stolz, Judge.

The defendant was indicted by the Spalding County Grand Jury on one count of theft by taking "one Narvo Avionics, Mark 16 Nov/Com., Serial No. 11 FM7” radio on February 8, 1972. The defendant was subsequently tried and found guilty. On direct appeal that conviction was reversed by this court on the grounds that there was a fatal variance between the allegata (Narvo radio described in the indictment) and the probata (the Narco radio referred to in the evidence) and there was no proof to show that the stolen radio was the same as that described in the indictment. See Marchman v.…