§ 16-10-202 — Variance - allegations and proof

When on the trial of any
indictment, information, felony complaint, or complaint for any offense there
appears to be any variance between the statements in the indictment, complaint, or
information and the evidence offered in proof thereof, of any given name or
surname, or both given name and surname, or other description whatever of any
person who is therein named or described, or in the name or description of any
matter or thing whatsoever therein named or described, such variance is not
grounds for the acquittal of the defendant, unless the court before which such trial
be had finds such variance is material to the merits of the case or may be prejudicial
to the defendant. No indictment, information, felony complaint, or complaint shall
be deemed insufficient nor shall the trial, judgment, or other proceedings thereon
be reversed or affected by any defect which does not tend to prejudice the
substantial rights of the defendant on the merits.

Legislative History

Source: L. 72: R&RE, p. 239, � 1. C.R.S. 1963: � 39-10-202. L. 73: p. 499, � 4.