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774 S. E. 2d 546

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1. Outlines principles of law in relation to variances of an indictment in general, in relation to the “manners and means” of committing a crime.

• VARIANCE TO INDICTMENT occurs when facts proved at trial are different from those alleged or specified in the indictment.
• MANNERS AND MEANS is the way the crime is done and the method of committing the crime. For example, Zizzi’s wife was beaten/ hit which is the manner and the means/method is either the golf club or the ornament from the bathroom.

2. With reference to Arizona courts, outlines principles of law in relation to determining whether a variance from an indictment is “fatal” in relation to the “manners and means” used to commit a crime.

• Black’s Law Dictionary - Fatal Variance - A variance …show more content…

State, 332 Ga. App. 546, 774 S.E.2d 126 (2015)
• Generally, if the indictment sets out the offense as done in a particular way, the proof must show it so, or there will be a variance. Martinez v. State, 750 S.E.2d 504 (Ga. Ct. App. 2013).
• There is no requirement that the State present testimony that precisely follows the language found in the indictment. This means not all variances are fatal. However, if there is a reasonable possibility that the jury convicted the defendant of the type of a crime in a manner not charged in the indictment, then the conviction is defective because of a fatal variance between the proof at trial and the indictment returned by the grand jury.

3. Outlines principles of law, as relevant to the Zizzi case, in relation to variances of the indictment concerning the use of

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