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22 Alabama opinions name it 2 courts 1983–2016 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
House v. Stategreen2 sentences1999See House v. State , 380 So.2d 940 , 942-43 (Ala. 1979) ("The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled ."). 1999See House v. State, 380 So.2d 940, 942-43 (Ala.1979)("The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled. "). | 10 | 15 |
Ex Parte Hightowergreen2 sentences1991See also Ex parte Hightower, 443 So.2d 1272 (Ala.1983) (complaint charging sexual intercourse without consent and proof showing sexual intercourse with consent constitutes material variance). 1986The appellant asserts that the trial court erred by not granting his motion to dismiss at the end of the prosecutor's case, because, he says, there was a fatal variance between the allegations of the indictment and the evidence offered by the State, *Page 836 in that the indictment alleged that the car which the victim was driving belonged to him whereas his testimony was that the car belonged to his father. "`The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a | 3 | 4 |
Brown v. Stategreen2 sentences2016Ex parte Collins, 385 So.2d 1005 (Ala.1980).” Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).’ “Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘ “The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.” House [v. State], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. 2015Ex parte Collins, 385 So.2d 1005 (Ala.1980).’ Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).” Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State ], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. ‘Not every variance is fatal. | 2 | 2 |
Bigham v. Stategreen2 sentences2016Ex parte Collins, 385 So.2d 1005 (Ala.1980).” Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).’ “Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘ “The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.” House [v. State], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. 2015Ex parte Collins, 385 So.2d 1005 (Ala.1980).’ Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).” Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State ], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. ‘Not every variance is fatal. | 2 | 2 |
Johnson v. Stategreen2 sentences2013“A fatal variance exist[s] only where the State fails to adduce any proof of a material allegation of the indictment or where the only proof adduced is contrary to a material allegation in the indictment.” Johnson v. State, 584 So.2d 881, 884 (Ala.Crim.App.1991). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. S 2008Eady v. State, 369 So.2d 841, 843 (Ala.Cr.App.1979), reversed on other grounds, Ex parte Alexander, 475 So.2d 628 (Ala.1985).” Johnson v. State, 584 So.2d 881, 884 (Ala. Crim.App.1991). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State], 380 So.2d [940] at 942 [ (Ala.1979) ]. ‘Not every variance is fatal. | 2 | 2 |
Eady v. Stategreen1 sentence2008Eady v. State, 369 So.2d 841, 843 (Ala.Cr.App.1979), reversed on other grounds, Ex parte Alexander, 475 So.2d 628 (Ala.1985).” Johnson v. State, 584 So.2d 881, 884 (Ala. Crim.App.1991). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State], 380 So.2d [940] at 942 [ (Ala.1979) ]. ‘Not every variance is fatal. | 1 | 1 |
Gray v. Stategreen1 sentence1990Underwood v. State, 33 Ala.App. 314 , 33 So.2d 379 (1948). ‘No proposition of law is more fundamental than the one requiring that the proof at trial must correspond with the material allegations of the indictment.’ Gray v. State, 346 So.2d 974, 978 (Ala.Cr.App. 1976), cert, quashed, 346 So.2d 978 (Ala. 1977); Owens v. State, supra, 46 Ala.App. [591] at 592, 246 So.2d [478] at 478 [(1971)].” Ex parte Hightower, 443 So.2d 1272, 1274 (Ala.1983). | 1 | 1 |
Mauldin v. Stategreen1 sentence1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). | 1 | 1 |
Ex Parte Mauldingreen1 sentence1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Berger v. United States
red
2 sentences2015Berger v. United States, 295 U.S. 78 , 55 S.Ct. 629 , 79 L.Ed. 1314 (1935). 2015Berger v. United States, 295 U.S. 78 , 55 S.Ct. 629 , 79 L.Ed. 1314 (1935). | 5 | 2001–2015 |
Ex Parte Collins
green
2 sentences2016Ex parte Collins, 385 So.2d 1005 (Ala.1980).” Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).’ “Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘ “The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.” House [v. State], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. 2015Ex parte Collins, 385 So.2d 1005 (Ala.1980).’ Brown v. State, 588 So.2d 551, 558 (Ala.Crim.App.1991).” Bigham v. State, 23 So.3d 1174, 1177 (Ala.Crim.App.2009). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State ], 380 So.2d [940] at 942 [ (Ala.Crim.App.1989) ]. ‘Not every variance is fatal. | 2 | 2015–2016 |
Ex Parte Alexander
green
1 sentence2008Eady v. State, 369 So.2d 841, 843 (Ala.Cr.App.1979), reversed on other grounds, Ex parte Alexander, 475 So.2d 628 (Ala.1985).” Johnson v. State, 584 So.2d 881, 884 (Ala. Crim.App.1991). “ ‘The policy behind the variance rule is that the accused should have sufficient notice to enable him to defend himself at trial on the crime for which he has been indicted and proof of a different crime or the same crime under a different set of facts deprives him of that notice to which he is constitutionally entitled.’ House [v. State], 380 So.2d [940] at 942 [ (Ala.1979) ]. ‘Not every variance is fatal. | 1 | 2008–2008 |
Hall v. State
green
2 sentences1999The trial court's instruction was improper; it charged the jury on a separate offense requiring a lesser showing of proof from *Page 213 the state than the offense charged and it unduly prejudiced Ash's substantial rights. 2 Therefore, we conclude that the trial court's instruction created a fatal variance and the trial court was without jurisdiction to render judgment or to impose sentence in Ash's case. 3 Hall v. State , 655 So.2d 51 (Ala.Cr.App. 1995) (holding that a trial court is without jurisdiction to render judgment or to impose sentence on an offense that is not charged in the indictm 1999The trial court's instruction was improper; it charged the jury on a separate offense requiring a lesser showing of proof from *213 the state than the offense charged and it unduly prejudiced Ash's substantial rights. [2] Therefore, we conclude that the trial court's instruction created a fatal variance and the trial court was without jurisdiction to render judgment or to impose sentence in Ash's case. [3] Hall v. State, 655 So.2d 51 (Ala.Cr.App.1995)(holding that a trial court is without jurisdiction to render judgment or to impose sentence on an offense that is not charged in the indictment) | 1 | 1999–1999 |
Underwood v. State
neutral
2 sentences1990Underwood v. State, 33 Ala.App. 314 , 33 So.2d 379 (1948). ‘No proposition of law is more fundamental than the one requiring that the proof at trial must correspond with the material allegations of the indictment.’ Gray v. State, 346 So.2d 974, 978 (Ala.Cr.App. 1976), cert, quashed, 346 So.2d 978 (Ala. 1977); Owens v. State, supra, 46 Ala.App. [591] at 592, 246 So.2d [478] at 478 [(1971)].” Ex parte Hightower, 443 So.2d 1272, 1274 (Ala.1983). 1990Underwood v. State, 33 Ala.App. 314 , 33 So.2d 379 (1948). ‘No proposition of law is more fundamental than the one requiring that the proof at trial must correspond with the material allegations of the indictment.’ Gray v. State, 346 So.2d 974, 978 (Ala.Cr.App. 1976), cert, quashed, 346 So.2d 978 (Ala. 1977); Owens v. State, supra, 46 Ala.App. [591] at 592, 246 So.2d [478] at 478 [(1971)].” Ex parte Hightower, 443 So.2d 1272, 1274 (Ala.1983). | 1 | 1990–1990 |
Gray v. State
neutral
1 sentence1990Underwood v. State, 33 Ala.App. 314 , 33 So.2d 379 (1948). ‘No proposition of law is more fundamental than the one requiring that the proof at trial must correspond with the material allegations of the indictment.’ Gray v. State, 346 So.2d 974, 978 (Ala.Cr.App. 1976), cert, quashed, 346 So.2d 978 (Ala. 1977); Owens v. State, supra, 46 Ala.App. [591] at 592, 246 So.2d [478] at 478 [(1971)].” Ex parte Hightower, 443 So.2d 1272, 1274 (Ala.1983). | 1 | 1990–1990 |
Blackmon v. State
neutral
2 sentences1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). 1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). | 1 | 1983–1983 |
Blackmon v. State
neutral
2 sentences1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). 1983See also Mauldin v. State , 376 So.2d 788 (Ala.Crim.App. 1979), cert. denied, 376 So.2d 793 (Ala. 1979); Blackmon v. State , 46 Ala. App. 274 , 240 So.2d 696 (1970), cert. denied, 286 Ala. 733 , 240 So.2d 699 (1970). | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.