State v. Cottrill

Defendant appeals his conviction by a jury for theft in the first degree, ORS 164.055. Defendant’s single contention is that the information alleges theft of $200 in United States currency and only theft of travelers checks was proven. This variation between the information and the proof at trial, he maintains, constitutes a material variance which was prejudicial. State v. Cook, 154 Or 62, 59 P2d 249 (1936); State v. Hanson/Hughes, 14 Or App 586, 513 P2d 1202, Sup Ct review denied (1973).

The information reads as follows:

"The above named Fred Slater (MELVIN F. COTTRELL) accused by Thomas W.…