9 Virginia opinions name it 1 courts 2000–2025 3 in the last five years
The cases below were cited by Virginia 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 |
|---|---|---|
Hairston v. Commonwealthgreen2 sentences2024“Notice to the accused of the offense charged against him is the rockbed requirement which insures the accused a fair and impartial trial on the merits and forms the key to the fatal variance rule.” Hairston v. Commonwealth, 2 Va. App. 211, 214 (1986). 2015“Notice to the accused of the offense charged against him is the rockbed requirement which insures the accused a fair and impartial trial on the merits and forms the key to the fatal variance rule.” Hairston v. Commonwealth, 2 Va. App. 211, 214 , 343 S.E.2d 355, 357 (1986). | 4 | 7 |
Stokes v. Commonwealthgreen2 sentences2025The fatal variance doctrine establishes that a variance between the language of an indictment and the evidence at trial is fatal “only when the proof is different from and irrelevant to the crime defined in the indictment and is, therefore, insufficient to prove the commission of the crime charged.” Stokes v. Commonwealth, 49 Va. App. 401, 406 (2007) (quoting Hawks v. Commonwealth, 228 Va. 244, 247 (1984)). 2015“A variance occurs when the criminal pleadings differ from the proof at trial.” Purvy v. Commonwealth, 59 Va. App. 260, 266 , 717 S.E.2d 847, 850 (2011). “[A] variance will be deemed fatal ‘only when the proof is different from and irrelevant to the crime defined in the indictment and is, therefore, insufficient to prove the commission of the crime charged.”’ Id. at 267 , 717 S.E.2d at 850 (quoting Stokes v. Commonwealth, 49 Va. App. 401, 406 , 641 S.E.2d 780, 783 (2007)). | 3 | 3 |
Hawks v. Commonwealthgreen2 sentences2025The fatal variance doctrine establishes that a variance between the language of an indictment and the evidence at trial is fatal “only when the proof is different from and irrelevant to the crime defined in the indictment and is, therefore, insufficient to prove the commission of the crime charged.” Stokes v. Commonwealth, 49 Va. App. 401, 406 (2007) (quoting Hawks v. Commonwealth, 228 Va. 244, 247 (1984)). 2024“It is true that a variance between the allegations of an indictment and proof of the crime may be ‘fatal,’ and ‘[t]he offense as charged must be proved.’” Traish v. Commonwealth, 36 Va. App. 114, 134 (2001) (alteration in original) (quoting Hawks v. Commonwealth, 228 Va. 244, 247 (1984)). | 2 | 2 |
Purvy v. Commonwealthgreen2 sentences2015“A variance occurs when the criminal pleadings differ from the proof at trial.” Purvy v. Commonwealth, 59 Va. App. 260, 266 , 717 S.E.2d 847, 850 (2011). “[A] variance will be deemed fatal ‘only when the proof is different from and irrelevant to the crime defined in the indictment and is, therefore, insufficient to prove the commission of the crime charged.”’ Id. at 267 , 717 S.E.2d at 850 (quoting Stokes v. Commonwealth, 49 Va. App. 401, 406 , 641 S.E.2d 780, 783 (2007)). 2015“A variance occurs when the criminal pleadings differ from the proof at trial.” Purvy v. Commonwealth, 59 Va. App. 260, 266 , 717 S.E.2d 847, 850 (2011). “[A] variance will be deemed fatal ‘only when the proof is different from and irrelevant to the crime defined in the indictment and is, therefore, insufficient to prove the commission of the crime charged.”’ Id. at 267 , 717 S.E.2d at 850 (quoting Stokes v. Commonwealth, 49 Va. App. 401, 406 , 641 S.E.2d 780, 783 (2007)). | 2 | 2 |
Greenwalt v. Commonwealthgreen1 sentence2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant | 1 | 1 |
Bissell v. Commonwealthgreen2 sentences2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant 2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant | 1 | 1 |
Williams v. Commonwealthgreen1 sentence2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant | 1 | 1 |
Wilder v. Commonwealthgreen2 sentences2025“A [charging instrument] need not be drafted in the exact words of the applicable statute so long as the accused is given notice of the nature and character of the offense charged.” Black v. Commonwealth, 223 Va. 277, 282 (1982) (citing Wilder v. Commonwealth, 217 Va. 145, 147 (1976)). 2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant | 1 | 1 |
Raja v. Commonwealthgreen1 sentence2025We disagree. “[W]arrants must be sufficient to ‘point out the offense for which the defendant is to stand trial.’” Raja v. Commonwealth, 40 Va. App. 710, 721 (2003) (quoting Bissell v. Commonwealth, 199 Va. 397, 399 (1957)). “[I]n describing the offense charged, the ‘description must comply with Rule 3A:6(a), which provides that an indictment must give an accused notice of the nature and character of the offense charged against him.’” Id. (quoting Williams v. Commonwealth, 5 Va. App. 514, 516 (1988)); see also Greenwalt v. Commonwealth, 224 Va. 498, 501 (1982) (holding that “an arrest warrant | 1 | 1 |
Black v. Commonwealthgreen1 sentence2025“A [charging instrument] need not be drafted in the exact words of the applicable statute so long as the accused is given notice of the nature and character of the offense charged.” Black v. Commonwealth, 223 Va. 277, 282 (1982) (citing Wilder v. Commonwealth, 217 Va. 145, 147 (1976)). | 1 | 1 |
Traish v. Commonwealthgreen1 sentence2024“It is true that a variance between the allegations of an indictment and proof of the crime may be ‘fatal,’ and ‘[t]he offense as charged must be proved.’” Traish v. Commonwealth, 36 Va. App. 114, 134 (2001) (alteration in original) (quoting Hawks v. Commonwealth, 228 Va. 244, 247 (1984)). | 1 | 1 |
Rowe v. Com.green1 sentence2021See Code § 19.2-227 (providing that a conviction cannot be overturned for a non-constitutional error in an indictment if the objection was first made after the verdict was rendered); Rule 5A:18 (requiring a contemporaneous objection); Rowe v. Commonwealth, 277 Va. 495, 501-02 (2009) (holding that the defendant waived his lesser-included offense challenge by inviting the alleged error); Gomez v. Commonwealth, 72 Va. App. 173 , 179 (2020) (holding that a fatal variance challenge made after the guilty verdict was too late under Code § 19.2-227). -6- III. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mitchell v. Commonwealth
green
1 sentence2025But the sufficiency of the evidence is inherently linked to the crime charged in the charging document, here, the warrant. -5- what need not be proved need not be alleged, but sometimes . . . the pleader goes beyond what is necessary . . . and the result is that he must prove what he has alleged unless the unnecessary allegation can be rejected as surplusage.” Blake v. Commonwealth, 288 Va. 375 , 392 (2014) (quoting Mitchell, 141 Va. at 555 ). | 1 | 2025–2025 |
Sims v. Commonwealth
green
2 sentences2007“The purpose of an indictment ‘is to give an accused notice of the nature and character of the 1 Citing Taylor v. Commonwealth, 207 Va. 326 , 150 S.E.2d 135 (1966), and Sims v. Commonwealth, 28 Va. App. 611 , 507 S.E.2d 648 (1998), appellant also appears to suggest in his appellate brief that, even had the indictment expressly tracked the title of Code § 18.2-91 and alleged he committed breaking and entering with the “intent to commit larceny, assault and battery or other felony,” it would still be insufficient to sustain his conviction because the indictment must “specify the [precise] offens 2007“The purpose of an indictment ‘is to give an accused notice of the nature and character of the 1 Citing Taylor v. Commonwealth, 207 Va. 326 , 150 S.E.2d 135 (1966), and Sims v. Commonwealth, 28 Va. App. 611 , 507 S.E.2d 648 (1998), appellant also appears to suggest in his appellate brief that, even had the indictment expressly tracked the title of Code § 18.2-91 and alleged he committed breaking and entering with the “intent to commit larceny, assault and battery or other felony,” it would still be insufficient to sustain his conviction because the indictment must “specify the [precise] offens | 1 | 2007–2007 |
Taylor v. Commonwealth
green
2 sentences2007“The purpose of an indictment ‘is to give an accused notice of the nature and character of the 1 Citing Taylor v. Commonwealth, 207 Va. 326 , 150 S.E.2d 135 (1966), and Sims v. Commonwealth, 28 Va. App. 611 , 507 S.E.2d 648 (1998), appellant also appears to suggest in his appellate brief that, even had the indictment expressly tracked the title of Code § 18.2-91 and alleged he committed breaking and entering with the “intent to commit larceny, assault and battery or other felony,” it would still be insufficient to sustain his conviction because the indictment must “specify the [precise] offens 2007“The purpose of an indictment ‘is to give an accused notice of the nature and character of the 1 Citing Taylor v. Commonwealth, 207 Va. 326 , 150 S.E.2d 135 (1966), and Sims v. Commonwealth, 28 Va. App. 611 , 507 S.E.2d 648 (1998), appellant also appears to suggest in his appellate brief that, even had the indictment expressly tracked the title of Code § 18.2-91 and alleged he committed breaking and entering with the “intent to commit larceny, assault and battery or other felony,” it would still be insufficient to sustain his conviction because the indictment must “specify the [precise] offens | 1 | 2007–2007 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.