Incidentally, the present published report of the order denying certiorari at 238 So.2d 425, has an incorrect reference. The district court's decision appears at 233 So.2d 641, instead of 234 So.2d 713. The latter citation refers to a different case involving the same person, Richard C. Davis. In addition, the Referee stated that respondent in his capacity as co-administrator for the estate of Grace G. Dix had failed, notwithstanding court orders, to distribute the assets of the estate entrusted to him.
The decision is claimed to be in conflict with this court's decisions in Hollingsworth v. State, 73 Fla. 44, 75 So. 612; State v. Clein, Fla. 1956, 93 So.2d 876; State v. Bruno, Fla. 1958, 107 So.2d 9; Kelly v. State, Fla. 1956, 92 So.2d 172; Whitman v. State, 97 Fla. 988, 122 So. 567; and Middleton v. State, 74 Fla. 234, 76 So. 785. State of Florida v. Davis, 234 So.2d 713 (2nd Dist.Ct.App.Fla. 1970). There appears to be at least some conflict in the decision sought to be reviewed and statements of general principles of law in the above cited prior decisions of this Court.
"Generally, the state cannot submit proof at trial of facts at material variance with those set forth in the information." State v. Davis, 234 So.2d 713, 715 (Fla. 2d DCA 1970). "Where . . . a crime may be committed in several ways, the evidence must establish that it was committed `in the manner charged' in the information."
"Generally, the state cannot submit proof at trial of facts at material variance with those set forth in the information." State v. Davis, 234 So.2d 713, 715 (Fla. 2d DCA 1970). Where, as here, a crime may be committed in several ways, the evidence must establish that it was committed "in the manner charged" in the information.