State v. Brasslett

I concur with the majority on issues (IB), (2), and (3). At 891. I dissent on issue (1A). In this case, the defendant specifically raises a question of fatal variance between the allegations of the indictment and the proof adduced at trial. He claims that the variance constitutes reversible error because the variance deprives him of the protection of the constitutional guarantee against double jeopardy. Me. Const. art. I, § 8; U.S. Const., amend. V. The variance noted exists between the allegations of the indictment that the property involved in the alleged offense was “the property of Taylor…