Colorado Code § 16-10-202

Variance - allegations and proof
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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.

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