Ross v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[i]f the indictment sets out the offense as done in a particular way, the proof must show it so, or there will be a variance”
• fatal variance where indictment charged he placed his mouth on the victim’s sex organ but evidence showed he forced her to perform oral sex upon him
• variance between allegation that defendant put his mouth on victim’s sex organ and proof that victim was forced to put her mouth on defendant’s sex organ was fatal to conviction for aggravated sodomy
• fatal variance between allegation that defendant committed aggravated sodomy by putting his mouth on the sexual organ of the victim and proof that he forced her to perform oral sex upon and have anal sex with him
• fatal variance existed where indictment averred that defendant committed aggravated sodomy “by putting his mouth to the sex organ of the alleged victim,” but victim testified that defendant forced her to engage in anal intercourse and perform oral sex upon him
• all averments in an indictment must be proved as laid

Source: CourtListener parenthetical corpus (CC0).

Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

• Martinez v. State
  Court of Appeals of Georgia· 2013-11-21· cited 79×
• Norman v. State
  Court of Appeals of Georgia· 1990-10-05· cited 69×
• Hooten v. State
  Court of Appeals of Georgia· 1994-03-15· cited 59×
• Barnett v. State
  Court of Appeals of Georgia· 1992-06-08· cited 52×
• Quiroz v. State
  Court of Appeals of Georgia· 2008-05-06· cited 48×
• Phillips v. State
  Court of Appeals of Georgia· 2004-09-16· cited 45×
• Hertz Corp. v. McCray
  Court of Appeals of Georgia· 1991-02-04· cited 37×
• Morrissette v. State
  Court of Appeals of Georgia· 1997-10-22· cited 34×
• State v. Freeman
  Court of Appeals of Georgia· 1991-02-12· cited 33×
• Talton v. State
  Court of Appeals of Georgia· 2002-02-13· cited 30×
• Nusser v. State
  Court of Appeals of Georgia· 2005-10-18· cited 25×
• White v. State
  Court of Appeals of Georgia· 1996-06-25· cited 24×
• Wells v. State
  Court of Appeals of Georgia· 1993-03-12· cited 23×
• Turner v. State
  Court of Appeals of Georgia· 1998-03-31· cited 18×
• Legg v. State
  Court of Appeals of Georgia· 1993-01-29· cited 17×
• Feagin v. State
  Court of Appeals of Georgia· 1991-02-01· cited 16×
• Gentry v. State
  Court of Appeals of Georgia· 1994-02-01· cited 16×
• Johnson v. Bruno's, Inc.
  Court of Appeals of Georgia· 1995-11-27· cited 16×
• Palmer v. State
  Court of Appeals of Georgia· 2007-06-04· cited 16×
• Weeks v. State
  Court of Appeals of Georgia· 2012-06-27· cited 15×

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Smith v. State
  Supreme Court of Georgia· 1986-03-18· cited 125×
• Bell v. State
  Supreme Court of Georgia· 1971-07-09· cited 122×
• Palmer v. State
  Court of Appeals of Georgia· 1988-04-06· cited 78×
• Dawson v. State
  Supreme Court of Georgia· 1988-07-06· cited 76×
• Fulford v. State
  Supreme Court of Georgia· 1874-01-15· cited 44×
• Watts v. State
  Court of Appeals of Georgia· 1988-03-14· cited 41×
• Williams v. State
  Court of Appeals of Georgia· 1989-11-27· cited 29×
• Lubiano v. State
  Court of Appeals of Georgia· 1989-06-26· cited 25×
• Hudson v. State
  Court of Appeals of Georgia· 1988-01-11· cited 19×
• Ray v. State
  Court of Appeals of Georgia· 1988-05-24· cited 18×
• Carter v. State
  Court of Appeals of Georgia· 1983-09-27· cited 17×
• Smith v. State
  Court of Appeals of Georgia· 1989-09-08· cited 17×
• Reese v. State
  Court of Appeals of Georgia· 1976-09-27· cited 17×
• Roberson v. State
  Court of Appeals of Georgia· 1988-06-09· cited 16×
• Kelly v. State
  Court of Appeals of Georgia· 1988-09-09· cited 15×
• Butts v. State
  Court of Appeals of Georgia· 1989-12-05· cited 12×
• Hamby v. State
  Court of Appeals of Georgia· 1948-02-21· cited 11×
• Washington v. State
  Court of Appeals of Georgia· 1989-12-05· cited 9×
• Brown v. State
  Court of Appeals of Georgia· 1978-06-19· cited 7×