6 S.E.2d 791 | Ga. Ct. App. | 1940
1. There was no fatal variance between the allegata and probata, where it was alleged that the defendant stole a certain described bag "containing approximately 50 of peanuts" of the value of two dollars, and the evidence showed the theft of the described bag and that it contained two bushels of peanuts, of the value of two dollars.
2. The remaining assignments of error are without merit. The evidence supported the verdict.
The assignment of error in respect to the overruling of the motion to declare a mistrial discloses no reversible error, when the instruction of the court to the jury at the time is taken into consideration. The remaining assignments of error are without merit. The court did not err in overruling the motion for a new trial.
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.