53 S.E.2d 578 (Ga.App. 1949), 32449, Habersham v. State

Citation: 53 S.E.2d 578, 79 Ga.App. 244

Opinion Judge: TOWNSEND, Judge.

Party Name: HABERSHAM v. STATE.

Attorney: Proof that the deceased, in a criminal homicide cae, met his death in a manner vastly different from that alleged in the indictment, and that the weapon shown to have been used was in no way similar to the one alleged, results in a fatal variance between the pleading and the proof., Accordingly a...

Judge Panel: SUTTON, C. J., and FELTON, GARDNER, and PARKER, JJ., concur. MacINTYRE, P. J., dissents. MacINTYRE, Presiding Judge (dissenting).

Case Date: May 13, 1949

Court: Georgia Court of Appeals