Legal Opinion
United States v. Arthur Nathaniel Young
Court of Appeals for the Fifth Circuit
Decided April 5, 1984No. 83-1625PublishedCited by 52 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The defendant asks this Court to reverse his conviction under the second count of his indictment because of a discrepancy between (1) the language of the indictment, and (2) the evidence presented at trial and the language of the trial court’s instructions to the jury. We must determine whether this discrepancy constitutes a constructive amendment of the indictment, in which case reversal is required, or whether it constitutes a variance between proof and indictment, in which case reversal is warranted only if the discrepancy has prejudiced the substantial rights of the…
2Cases cited14 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Stirone v. United StatesSupreme Court of the United States · 1960
- Ex Parte BainSupreme Court of the United States · 1887
- United States v. Enrique M. SalinasCourt of Appeals for the Fifth Circuit · 1981
- United States v. Frankie CrockerCourt of Appeals for the Third Circuit · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- William J. Jones v. M.L. Smith, Warden Attorney General State of CaliforniaCourt of Appeals for the Ninth Circuit · 2001
- United States v. Jose P. FlorescaCourt of Appeals for the Fourth Circuit · 1994
- United States v. Baytank (Houston), Inc., United States of America v. Baytank (Houston), Inc.Court of Appeals for the Fifth Circuit · 1991
- United States v. DelgadoCourt of Appeals for the Fifth Circuit · 2001
- United States v. AlvarezCourt of Appeals for the Ninth Circuit · 1992
47 more not listed; retrieve them via the Exa API.