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Home / Opinion Digests / Criminal Law / Evidence Insufficient on Nighttime Entry (access required)

Evidence Insufficient on Nighttime Entry (access required)

The Court of Appeals reverses and dismisses defendant’s bench trial convictions for burglary and conspiracy to commit burglary for insufficient evidence of nighttime entry alleged specifically in the indictment; this variance is fatal considering that the indictment informs the defendant of the charge against him. At 6:00 p.m. on August 10, 2010, accomplice texted defendant and ...

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