Smith's Criminal Case Compendium
Smith's Criminal Case Compendium
Table of Contents
Smith's Criminal Case Compendium
About
This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 – Present. Selected 4th Circuit cases also are included.
Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff.
Instructions
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Criminal Procedure > Indictment & Pleading Issues > Specific Offenses > Assaults > Assault with a Deadly Weapon
There was no fatal variance between an indictment charging assault with a deadly weapon with intent to kill inflicting serious injury and the evidence at trial. The indictment alleged the deadly weapon to be a handgun while the trial evidence showed it was an AK-47 rifle. The court reasoned: “both a handgun and an AK-47 rifle are a type of gun, are obviously dangerous weapons, and carry the same legal significance.” Moreover, the defendant failed to demonstrate that the variance caused prejudice.