Ex parte James R. Hall.

The Alabama Supreme Court granted certiorari review to determine whether there was a "fatal variance" between the indictment, which charged James Hall with theft of "currency," and the evidence produced at trial, which established theft of the funds by means of depositing a check. Hall was the "commander" of the Houston County chapter (Chapter 87) of the Disabled American Veterans ("the DAV"). In 2013, Hall had issued to himself a check from the DAV's bank account in the amount of $1,500, purportedly to reimburse Hall for expenses incurred in the performance of his duties as commander. He deposited the check into his personal bank account. The expenditure, however, had not been approved by the DAV chapter and, therefore, violated the provisions of the DAV's constitution and bylaws. The DAV requested that Hall reimburse the funds to the DAV and provide the DAV with documentation supporting the alleged expenses. Hall failed to do so. Upon review, the Supreme Court concluded that there was no material variance in the indictment and the evidence, and affirmed the judgment of the Court of Criminal Appeals. View "Ex parte James R. Hall." on Justia Law