fatal variance

fatal variance definition - legal

n

In criminal procedure, a distinction between two assertions or documents that ought to be the same, leading to a due process violation; frequently, a difference between the language of the indictment and the theory pursued or proof presented at trial, thereby denying the defendant fair notice of the charges.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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