Flashcards Studio

A case is tried for Robbery with Violence. The information alleges the essential elements of Robbery with force used in the incident on 12 June 2025 at the Riverbank Mall. During the trial, the prosecution introduces: (a) testimony from a security guard about an uncharged, separate but related offense (attempted theft) that allegedly occurred in the same incident; the defense objects on the ground that this offense is not charged and not within the scope of the information; (b) a CCTV recording from the mall’s cameras showing a person at the scene, offered for identification but with no chain-of-custody testimony; the defense objects on foundational grounds; (c) a prior stop-and-search report about the accused’s possession of stolen goods from a different incident, offered to prove propensity. The court sustains the objection to (a) and (b) but overrules it for (c). The defense moves for acquittal or for dismissal on the ground that the prosecution is exceeding the charge (variance). (1) Identify the controlling doctrine the court is applying in ruling on these evidentiary matters. (2) Distinguish this doctrine from the concepts of variance between information and evidence and from the procedure to amend the information. (3) Apply the doctrine to the facts: which rulings are correct, and what is the proper remedy for the defense given the court’s rulings and the information as charged?