§ 12-12-10 - Variances of proof and immaterial mistakes.
SECTION 12-12-10
§ 12-12-10 Variances of proof andimmaterial mistakes. – A defendant shall not be acquitted or discharged on the ground of variancebetween the allegation and proof if the essential elements of the crime arecorrectly stated in the indictment, information, or complaint, unless thedefendant is prejudiced in his or her defense by the variance. The defendantshall not be acquitted or discharged by reason of an immaterial misnomer of athird party, by reason of an immaterial mistake in the description of theproperty or its ownership, by reason of failure to prove unnecessaryallegations in the description of the crime, or by reason of any otherimmaterial mistake in the indictment, information, or complaint.