Indictment charges homicide by means "unknown to grand jury". Does not allege any alternate means. At trial, there is evidence of a specific means, sufficient for the jury to convict. (State proves grand jury used due diligence in attempting to determine means so notice to D is not an issue.) Is it permissible then to charge the jury on the means of causing death actually proved,OR must you simply make the charge track the indictment? Haven't found a case where this was dealt with - assumed it would be a variance question.
Research to date has come up with only cases where alternate specific means, (the one proven at trial), was charged conjunctively in the indictment along with the "unknown". Maybe it's too late in the day to formulate decent search parameters!!!!