State v. Sword

OPINION OF THE COURT BY

LUM, C.J.

This is an appeal from a jury conviction of one count of medical assistance fraud in violation of Hawaii Revised Statutes (HRS) § 346-43.5 (Supp. 1984).1 Appellant’s primary contention on appeal is that a fatal variance exists between the offense charged and the evidence adduced at trial. We agree and reverse.

*344I.

On May 25, 1984, Appellant Dr. Richard Sword, a Maui psychologist, was indicted on thirty-two counts of Medicaid fraud. The indictment alleged that Appellant had knowingly and wilfully lied on Medicaid claim forms in order to receive unauthorized…