Question juridique clé
Whether the trial court violated the accusatory principle and the right to be heard by relying on a factual variant different from the indictment.
Solution extraite
The trial court did depart from the indictment's factual account, but the defendant's defense rights were respected because the point was extensively debated at trial and he should have raised any need for a suspension immediately.
Motifs extraits
The accused knew the decisive factual dispute from the hearings, was represented by counsel, and even argued self-defense; under the duty of good faith he could not wait until appeal to complain.