Seabolt v. State, 216 S.E.2d 110 (Ga. 1975). · Go Syfert
Seabolt v. State, 216 S.E.2d 110 (Ga. 1975). Cases Citing This Book View Copy Cite
32 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Stephens v. State (ga, 1977-09-06)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 3 distinct citers.
cited Cited as authority (rule) Stephens v. State
Ga. · 1977 · confidence medium
Seabolt v. State, 234 Ga. 356 *448 (1) ( 216 SE2d 110 ) (1976) and cits.; Byers v. State, 236 Ga. 599, 600 ( 225 SE2d 26 ) (1976).
examined Cited "see, e.g." Walker v. State (4×)
Ga. Ct. App. · 1978 · signal: see also · confidence low
See also Seabolt v. State, 234 Ga. 356 ( 216 SE2d 110 ); Bell v. State, 227 Ga. 800 (183 SE2d 357); Leachman v. State, 132 Ga. App. 423 ( 208 SE2d 196 ).” Evans v. State, 138 Ga. App. 620, pp. 621-622 , supra. Argued February 6, 1978 Decided May 9, 1978 Rehearing denied June 16, 1978.
discussed Cited "see, e.g." Evans v. State (2×)
Ga. Ct. App. · 1976 · signal: see also · confidence low
See also Seabolt v. State, 234 Ga. 356 ( 216 SE2d 110 ); Bell v. State, 227 Ga. 800 ( 183 SE2d 357 ); Leachman v. State, 132 Ga. App. 423 ( 208 SE2d 196 ).
Seabolt
v.
the State
29889.
Supreme Court of Georgia.
May 6, 1975.
216 S.E.2d 110
Wynn Pelham, for appellant., Bryant Huff, District Attorney, Dawson Jackson, Assistant District Attorney, Arthur K. Bolton, Attorney General, Lois F. Oakley, Deputy Assistant Attorney General, for appellee.
Undercofler.
Cited by 16 opinions  |  Published
Undercofler, Presiding Justice.

Appellant was convicted and sentenced for armed robbery. He appeals the denial of his motion for directed verdict and the denial of his motion for new trial on the general grounds. Held:

1. The ground of the motion for directed verdict is fatal variance. Appellant contends he was indicted for armed robbery of "forty-five dollars ($45.00) in U. S. currency” and the state failed to prove the money taken was U. S. currency. The victim testified that appellant took his wallet from his pocket which, among other items, contained forty-five dollars.

As stated in De Palma v. State, 225 Ga. 465, 469 (169 SE2d 801), "We have not been able to locate any Georgia cases which set out a general rule to be applied in the determination of whether or not a variance between the allegation and the proof is so material that it is fatal. The United States Supreme Court, however, has evolved a criterion which seems to us to be reasonable. 'The general[*357] rule that allegations and proof must correspond is based upon the obvious requirements (1) that the accused shall be definitely informed as to the charges against him, so that he may be enabled to present his defense and not be taken by surprise by the evidence offered at the trial; and (2) that he may be protected against another prosecution for the same offense.’... Berger v. United States, 295 U. S. 78, 82 (55 SC 629, 79 LE 1314).” Appellant here was not subjected to either of these dangers and we find no error. See Bell v. Style, 227 Ga. 800, 802 (183 SE2d 357).

Submitted April 24, 1975 Decided May 6, 1975. Wynn Pelham, for appellant. Bryant Huff, District Attorney, Dawson Jackson, Assistant District Attorney, Arthur K. Bolton, Attorney General, Lois F. Oakley, Deputy Assistant Attorney General, for appellee.

2. The evidence was sufficient to support the verdict. The victim testified he had known the appellant for many years; that the appellant took his (the victim’s) wallet from his pocket while an accomplice "threw” a gun on him and threatened to shoot him if he did not hand over his money.

Judgment affirmed.

All the Justices concur.