Pittman v. State

466 So. 2d 951, 1985 Ala. LEXIS 3650

Opinions

BEATTY, Justice.

Certiorari was granted to review the decision of the Court of Criminal Appeals as it pertains to the claim of a variance between the indictment and the evidence. 460 So.2d 232 (1984).

Under the following authorities, the decision on that point was not in error: Helms v. State, 270 Ala. 603, 121 So.2d 106 (1960); Jones v. State, 241 Ala. 337, 2 So.2d 422 (1941); McCoy v. State, 232 Ala. 104, 166 So. 769 (1936); Aaron v. State, 37 Ala. 106 (1861); Perry v. State, 465 So.2d 999 (Ala.Crim.App.1984); Gilbert v. State, 410 So.2d 473 (Ala.Crim.App.1982); Huddleston v. State, 37 Ala.App. 57, 64 So.2d 90 (1952); Armstrong v. State, 24 Ala.App. 334, 134 So. 897 (1931); Messer v. State, 24 Ala.App. 360, 135 So. 415 (1931).

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

TORBERT, C.J., and SHORES, J., concur. MADDOX and JONES, JJ., concur specially.