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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.