State v. Williams

BRANCH, Chief Justice.

By his sixth assignment of error, defendant contends that the trial court erred in failing to dismiss the charges in that there was a fatal variance between the acts charged in the indictments and the State’s proof at trial. He maintains that, while the indictments charged the specific acts of cunnilingus and anal intercourse, all of the State’s evidence at trial failed to show the commission of either of those sexual offenses.

It is well settled that the evidence in a criminal case must correspond to the material allegations of the indictment, and where the evidence…