§ 12-12-10. Variances of proof and immaterial mistakes.
A defendant shall not be acquitted or discharged on the ground of variance between the allegation and proof if the essential elements of the crime are correctly stated in the indictment, information, or complaint, unless the defendant is prejudiced in his or her defense by the variance. The defendant shall not be acquitted or discharged by reason of an immaterial misnomer of a third party, by reason of an immaterial mistake in the description of the property or its ownership, by reason of failure to prove unnecessary allegations in the description of the crime, or by reason of any other immaterial mistake in the indictment, information, or complaint.
History of Section.G.L. 1909, ch. 354, § 4; P.L. 1915, ch. 1261, § 1; G.L. 1923, ch. 407, § 4; G.L. 1938, ch. 625, § 4; G.L. 1956, § 12-12-10; P.L. 1974, ch. 118, § 11.
Structure Rhode Island General Laws
Chapter 12-12 - Indictments, Informations and Complaints
Section 12-12-1.1. - Capital or life offenses.
Section 12-12-1.2. - Felonies — Less than capital or life, penalty.
Section 12-12-1.3. - Lesser offenses, penalty.
Section 12-12-1.4. - Contents of indictments, informations and complaints.
Section 12-12-1.5. - Informations — Exhibits to be attached.
Section 12-12-1.6. - Defendant to receive copy of information.
Section 12-12-1.7. - Motion to dismiss information.
Section 12-12-1.8. - Hearing to determine probable cause.
Section 12-12-1.9. - Determining whether probable cause exists.
Section 12-12-1.10. - Dismissal of information — Effect.
Section 12-12-1.11. - “Indictment” construed.
Section 12-12-2. - Process in fictitious name or by description.
Section 12-12-3. - Formal defects in process not ground for abatement or quashing.
Section 12-12-4 - — 12-12-9. Repealed.
Section 12-12-10. - Variances of proof and immaterial mistakes.
Section 12-12-11. - Conditions not required to be negated in allegations.
Section 12-12-12. - Description of written instruments.
Section 12-12-13. - Allegations as to form of money.
Section 12-12-14. - Allegations as to statutory larceny.
Section 12-12-15. - Allegations in perjury indictments or informations.
Section 12-12-16. - Allegations as to property held jointly, in common, or by partners.
Section 12-12-17. - Statute of limitations.
Section 12-12-20. - Original and duplicates of charges to be filed.
Section 12-12-21. - “Designated assistants” defined.
Section 12-12-22. - Arraignments and pleas — Notices to aliens.