274 Ga. App. 122 - Weeks v. State’s Empirical Analysis

Citation profile

2 federal appellate · 11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[These] allegations definitely informed [Davis] as to the charge! ) against him so as to enable him to present his defense and not to be taken by surprise. The allegations were further adequate to protect [Davis] against another prosecution for the same offense. The indictment’s description of the structure as a dwelling house as opposed to a building did not mislead [Davis] in such a manner that impeded his ability to present a subsequent defense or surprise him at trial, and he cannot be subjected to a subsequent prosecution for the burglary of the building in question. Thus, [Davis] has failed to show that any variance was fatal. 29”

   3 later decisions quote this exact passage
   e.g. Richardson v. United States · 308 Ga. App. 7 - Davis v. State

2. “We no longer adhere to an overly technical application of the fatal variance rule, focusing instead on materiality. The true inquiry, therefore, is not whether there has been a variance in proof, but whether there has been such a variance as to affect the substantial rights of the accused. It is the underlying reasons for the rule which must be served: 1) the allegations must definitely inform the accused as to the charges against him as to enable him to present his defense and not to be taken by surprise, and 2) the allegations must be adequate to protect the accused against another prosecution for the same offense. Only if the allegations fail to meet these tests is the variance “fatal.””

   2 later decisions quote this exact passage
   e.g. White v. State · 276 Ga. App. 415 - Vincent v. State

3. “[t]he indictment charged that [the defendant] entered the "dwelling house of another: to wit, Anthony Sexton." The proof at trial, however, showed that the house was under construction. The appellate court agreed that the incomplete building was not a dwelling, but found that "Week's [sic] argument is not a challenge to the sufficiency of the evidence, for the evidence sufficed to show that this was a building under the statute and therefore could be burglarized." In holding that proof that the structure was a "building," which was not the type of structure alleged in the indictment, did not raise a sufficiency argument, the court demonstrated that the type of structure was not an essential element of the offense. The jury need not find a specific type of structure-any structure would suffice. If the type of structure was an essential element of the offense, failure of proof on that issue would have sustained a sufficiency challenge because it would have automatically affected the defendant's substantial rights. * * * [ Sanders ] confronted the same issue.... Sanders was charged with entering "the dwelling house of another, to wit: Aaron Fox." The evidence at trial, however, did not establish that the building was a dwelling. Nonetheless, because the evidence was sufficient to find the place entered was a building, the court found that the evidence was sufficient to uphold the burglary conviction. Thus, under Georgia law, the type of structure need not be charged-and if one t”

   1 later decision quote this exact passage
   e.g. Richardson v. United States