302 Ga. App. 111, 114 (2) (690 SE2d 242) (2010) (citation and punctuation omitted); see also Robertson v. State, 245 Ga. App. 649, 650 (1) (538 SE2d 755) (2000); Pace v. State, 239 Ga. App. 506, 509 (6) (521 SE2d 444) (1999). 13 Walker v. State, 304 Ga. App. 45, 47 (695 SE2d 373) (2010) (citation and punctuation omitted); see also Lilly v. State, 285 Ga. App. 427, 429 (646 SE2d 512) (2007). 14 See Walker, 304 Ga. App. at 47; Bright v. State, 301 Ga. App. 204, 205-06 (1) (687 SE2d 208) (2009). 15 Quiroz v. State, 291 Ga. App. 423, 425 (1) (662 SE2d 235) (2008) (footnote and punctuation omitted). 16 DePalma v. State, 225 Ga. 465, 469-70 (3) (169 SE2d 801) (1969) (citation and punctuation omitted). 17 Quiroz, 291 Ga. App. at 425 (1) (footnote and punctuation omitted). 18 See id. at 424-26 (<HOLDING>); Nash v. State, 222 Ga. App. 766, 766-67 (1)
holding that indictment alleging defendant committed attempted murder by stabbing with a knife was proper notice of intent to seek deadly weapon finding recognizing that evidence may be legally insufficient where there is variance between indictment allegations and proof holding that variance between indictment alleging that defendant threw a knife at the victim and proof that the knife fell out of the defendants hand as he was stabbing the victim was not fatal to conviction for aggravated assault holding a knife to the drivers neck holding that variance between indictment alleging that defendant held knife to victims neck and proof that defendant only pointed knife at victim was not fatal to conviction for aggravated assault