variance affects defense (Alabama) · Go Syfert
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variance affects defense in Alabama

9 Alabama opinions name it 2 courts 1989–2016 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.

Followed or applied (6)

CaseFollowedCited
United States v. Mose Franklin Pearsongreen
ca5 · 1982 · cited in 9 Alabama opinions naming this issue, 1989–2016
2 sentences

2016United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982).’ “Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989),” Hall, 203 So.3d at 1281 .

2016United States v. Pearson , 667 F.2d 12 , 15 (5th Cir. 1982).' " Smith v. State , 551 So.2d 1161 , 1168-69 (Ala. Crim.

69
Smith v. Stategreen
alacrimapp · 1989 · cited in 8 Alabama opinions naming this issue, 2001–2016
2 sentences

2016United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982).’ “Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989),” Hall, 203 So.3d at 1281 .

2016United States v. Pearson , 667 F.2d 12 , 15 (5th Cir. 1982).' " Smith v. State , 551 So.2d 1161 , 1168-69 (Ala. Crim.

68
Johnson v. Stategreen
alacrimapp · 1981 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

11
Cauley v. Stategreen
alactapp · 1916 · cited in 1 Alabama opinions naming this issue, 2001–2001
2 sentences

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

11
Pardue v. Stategreen
alacrimapp · 1989 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

11
Hunt v. Stategreen
alacrimapp · 1994 · cited in 1 Alabama opinions naming this issue, 2001–2001
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Hall v. State neutral
alacrimapp · 2015
1 sentence

2016United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982).’ “Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989),” Hall, 203 So.3d at 1281 .

12016–2016
Pardue v. State green
ala · 1990
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

12001–2001
Ex Parte Hunt green
ala · 1995
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

12001–2001
Lunceford v. City of Northport green
alacrimapp · 1988
1 sentence

2001United States v. Pearson, 667 F.2d 12, 15 (5th Cir.1982)." Smith v. State, 551 So.2d 1161, 1168-69 (Ala.Crim.App.1989); Hunt v. State, 659 So.2d 933, 950 (Ala.Crim.App.1994), aff'd, 659 So.2d 960 (Ala.1995)(classification of offense as a felony, while erroneous, was mere surplusage); Pardue v. State, 571 So.2d 320, 328 (Ala.Crim.App.1989)(value of stolen pistol, though alleged in the indictment, was surplusage and did not have to be proven), rev'd on other grounds, 571 So.2d 333 (Ala.1990); Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App. 1988) (because the location of alleged DUI

12001–2001

Statutes the citing opinions construe

AL § Ala. Code § 13A-8-2 (5) AL § Ala. Code § 13A-8-3 (4) AL § Ala. Code § 13A-8-1 (3)

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.

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