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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

The charge contains the full elements of Offense L. Proof establishes those elements plus the extra element of graver Offense G, but that extra element was not alleged. May the court simply upgrade the conviction to G under the variance rule?

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Yes; the greater penalty determines the charge Yes; the accused’s objection is irrelevant Yes; an extra element may always be supplied only at trial No; it may convict of charged L if proved, not use variance alone to impose uncharged G

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