BANKE, Judge.
The defendant appeals his conviction of theft by taking. The indictment alleged that "being in lawful possession of a 1975 Oldsmobile automobile, the property of J. C. Lowery with a value in excess of $200, [the defendant] unlawfully appropriated said property with the intention of depriving said owner of said property." The defendant contends that there was a fatal variance between the pleading and proof in that the evidence showed an unlawful taking...
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