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Petitions for Review

Oregon Supreme Court
Jan 1, 1996
323 Or. 153 (Or. 1996)

Summary

finding fatal variance where indictment alleged that the defendant "was armed with a deadly weapon, to-wit: a firearm," but court instructed jury that the defendant could be convicted based on his possession and use of a "dangerous weapon," a BB pistol: "The amendment provided the state with a different theory of the case, altered the availability of defendant's defense, and prejudiced defendant's right to notice of the charges against him."

Summary of this case from State v. Delaney

Opinion

1996.


Summaries of

Petitions for Review

Oregon Supreme Court
Jan 1, 1996
323 Or. 153 (Or. 1996)

finding fatal variance where indictment alleged that the defendant "was armed with a deadly weapon, to-wit: a firearm," but court instructed jury that the defendant could be convicted based on his possession and use of a "dangerous weapon," a BB pistol: "The amendment provided the state with a different theory of the case, altered the availability of defendant's defense, and prejudiced defendant's right to notice of the charges against him."

Summary of this case from State v. Delaney
Case details for

Petitions for Review

Case Details

Full title:PETITIONS FOR REVIEW

Court:Oregon Supreme Court

Date published: Jan 1, 1996

Citations

323 Or. 153 (Or. 1996)

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