Summary
finding fatal variance where indictment alleged that the defendant "was armed with a deadly weapon, to-wit: a firearm," but court instructed jury that the defendant could be convicted based on his possession and use of a "dangerous weapon," a BB pistol: "The amendment provided the state with a different theory of the case, altered the availability of defendant's defense, and prejudiced defendant's right to notice of the charges against him."
Summary of this case from State v. DelaneyOpinion
1996.