Oklahoma Publishing Co. v. Equal Employment Opportunity Commission

fatal variance exists where "an indictment enumerates the particular facts alleged to constitute the element of a charged crime and the proof makes out the elements in a different manner" | no warning required for plaintiff who had actual knowledge that if he leaned too far forward on chair equipped with casters, chair would tip forward | fatal variance exists where “an indictment enumerates the particular facts alleged to constitute the element of a charged crime and the proof makes out the elements in a different manner” | fatal variance exists when “an indictment enumerates the particular facts alleged to constitute the element of a charged crime and the proof makes out the elements in a different manner” | risk of tipping in specially designed commode chair obvious to paraplegic | risk of tipping in specially designed commode chair obvious to paraplegic