If the judge gives a jury charge by reading the entire code section of a crime which specifies that a crime may be committed by more than one method and if the indictment alleges that the defendant committed the crime by only one method, the reading of the entire code section violates due process, unless: (1) a limiting instruction is given; or (2) under the evidence, there is no reasonable possibility that the jury convicted the defendant of the commission of the crime in a manner not charged in the indictment. Smith v. State, 310 Ga. App. 418 (2011);
Johnson v. State, 309 Ga. App. 665 (2011). Any variance is cured by the judge providing the jury with the indictment and instructing the jurors that the burden of proof rests upon the State to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt. Williams v. Kelley, 291 Ga. 285 (2012).
It is not error to charge on the law of conspiracy when the evidence tends to show a conspiracy, even if a conspiracy is not alleged in the indictment. Edwards v. State, 312 Ga. App. 141 (2011).
A judge can instruct the jury to disregard inadmissible testimony, even if there was no objection. Ranson v. State, 198 Ga. App. 659 (1991). The judge can also give a curative instruction in its closing charge to the jury rather than at the time of the introduction of the improper testimony. Birdsong v. State, 312 Ga. App. 345 (2011); Mobley v. State, 235 Ga. App. 151 (1998).