Hall v. State

MAIN, Justice.

We granted certiorari review to determine whether there was a fatal variance between the indictment, which charged James R. Hall with theft of “currency,” and the evidence produced at trial, which established theft of the funds by means of depositing a check. We conclude that there was no material variance in the indictment and the evidence, and we affirm the judgment of the Court of Criminal Appeals.

I. Facts and Procedural History

Hall was the “commander” of the Houston County chapter, Chapter 87, of the Disabled American Veterans (“the DAV”). In 2013, Hall had issued to himself…