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State Tennessee v. Steve Mayes

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eBook details

  • Title: State Tennessee v. Steve Mayes
  • Author : At Knoxville Supreme Court Of Tennessee
  • Release Date : January 10, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

DROWOTA, J. The Defendant, Steve Mayes, was convicted by a jury of selling a Schedule II controlled substance and received a six year
term of imprisonment. The Court of Criminal Appeals reversed the conviction on the basis that there was a material variance
between the indictment and the proof presented at trial. Specifically, the indictment alleged that the illegal sale was made
to an undercover informant when, in fact, it was made to someone else acting as a "front" for the informant. We granted the
State's Rule II application to decide whether a variance between an indictment and proof presented at trial is material and
prejudicial when the indictment alleges a drug sale to a named buyer but the proof establishes the sale was made to an intermediary.
We answer in the negative and, accordingly, reverse the Court of Criminal Appeals and reinstate the judgment of the trial
court.


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