State v. Grice

ANDREASEN, Justice.

The State appeals from a district court ruling granting defendant’s motion for a judgment of acquittal at the close of the State’s evidence. The court granted defendant’s motion on the basis that there was a fatal variance between the charging instrument and the proof offered at trial. We granted the State’s application for discretionary review and conclude the court erred in dismissing the charge against the defendant.

I. Background.

On February 6, 1990, the Scott County attorney’s office filed a trial information charging Annette E. Grice with robbery in the second degree.…