Variance Between Allegation and Proof

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1. Under Rule 120, what relationship permits a conviction despite variance between the offense charged and that proved?
2. If the offense proved is necessarily included in the graver offense charged, of what may the accused be convicted under…
3. In determining whether the offense charged includes the offense proved, Rule 120, Section 5 directs attention to what?
4. A sufficient murder information alleges an unlawful intentional killing qualified by treachery. The evidence proves the…
5. An information sufficiently charges homicide but alleges no circumstance qualifying it as murder. Evidence later sugges…
6. The information alleges Offense A, requiring elements X and Y. The prosecution proves X and Z instead. Assume Y is not …
7. An accused is charged with a graver offense whose allegations include every element of a lesser offense. The court find…
8. Explain both directions of the variance rule under Rule 120, Section 4.
9. A murder charge sufficiently alleges an unlawful killing and treachery. Only the unlawful intentional killing is proved…
10. Why does the variance rule not permit conviction of any offense discovered during trial?
11. If the offense charged is necessarily included in the greater offense proved, which offense does Rule120 Section4 autho…
12. Does a lower penalty by itself establish that one offense is necessarily included in another?