Conduct denominated theft in this Chapter constitutes a single offense. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this Chapter, notwithstanding the specification of a different manner in the accusatory pleading, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice of by surprise.
SOURCE: G.P.C. § 490a; M.P.C. § 223.1(1); *Cal. § 2901(1) (T.D.3 1969); Cal. § 1010 (1971); Mass. ch. 266, § 17(d); N.J. § 2C:20-2(a). COMMENT: Former Guam Penal Code § 490a effected only a substitution of the term Atheft@ for larceny, embezzlement, etc. The local courts have not completely consolidated the offenses and an indictment, or information, which charges one method of theft which was at variance with the proof could prove fatal to the case. § 43.15 corrects this deficiency in favor of the prosecution as specifically stating that, where the accusation varies from the proof, the case is not to be dismissed but is only to be delayed, or other relief granted, so that the defendant is not prejudiced. This Section makes very clear that there is only one offense of theft, no matter how it is committed.