January 05, 2011, 16:58
Jones CADiff btw Complaint and Jury Charge?
so I specifically listed (dumb) in a complaint 4 items that were damaged by a defendant via crim mischief. I now think I can only prove that 3 items were damaged. how do I fix it? The monetary value of loss is not affected. Or is this under the theory of "surplusage"???Collins v. State, 500 S.W.2d 168.
January 06, 2011, 08:00
Andrea WSurplusage. You can drop it before trial or just abandon that part when it comes to writing the jury charge. As long as you meet the monetary value, you're good.
January 06, 2011, 09:13
John A. StrideTake a look at Eastep 941 sw2d 130
January 06, 2011, 13:55
Jones CAI think that is perfect. thanks for your help!