· 12/13/2011
Purvy v. Commonwealth
Citations
- 717 S.E.2d 847
- 59 Va. App. 260
- 2011 Va. App. LEXIS 389
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that specific narrowing language in the indictment cannot be considered immaterial surplusage (citing Commonwealth v. Nuckles, 266 -4- Va. 519, 523 (2003))
- noting that a variance is not fatal if it “does not undermine the integrity of the trial”
- noting that “when the descriptive text of an indictment narrows the factual allegation, it limits the scope of the incorporation” of the contents of a statute by citation to the statute (emphasis in original)
- addressing the differing consequences of a true fatal variance argument and a challenge to the sufficiency of the evidence
- noting that “when the descriptive 3 Code § 18.2-308.4(C
- “A variance occurs when the criminal pleadings differ from the proof at trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelsey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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