State v. Newton

BROCK, Chief Judge.

Defendant argues that she was entitled to a nonsuit because there was a fatal variance between the charge and the proof. The bill of indictment charged defendant with possession of “Desoxyn.” The evidence tended to establish that she possessed methamphetamine. Because there was no evidence offered at trial to establish that “Desoxyn” contained methamphetamine, defendant argues that the State failed to prove the charge contained in the bill of indictment.

The trial judge instructed the jury that Desoxyn and methamphetamine were the same thing. Defendant assigns this…