State v. Martin (1984)

In State v. Martin, 139 Ariz. 466, 679 P.2d 489 (1984), the indictment charged the defendant and a codefendant with selling narcotics to a third person. The prosecution's theory of the case shifted at trial to reflect the evidence, which showed only that the two defendants had engaged in narcotics transactions with each other. The Arizona Supreme Courtreversed, finding the defendant had not received adequate notice of this construction of the indictment, which he could not have foreseen.