State v. Christopher

COPELAND, Justice.

Under the second question presented for review by the defendant he contends there exists a fatal variance between the date of the conspiracy alleged in the indictment, 12 December 1980, and the date of the conspiracy as shown by the State’s evidence at trial. Such a variance, the defendant argues, in light of defendant’s alibi defense, is prejudicial. We agree that the variance between the date alleged in the indictment and the date shown by the evidence at trial prejudiced defendant’s ability to present a defense to the charge of conspiring to commit larceny.

The bill of…