State v. Manley

OPINION

POPOVICH, Chief Judge.

This is an appeal from the trial court’s order denying defendant-appellant’s post-trial motion for a judgment of acquittal or a new trial. A jury found appellant guilty of speeding in violation of Minn.Stat. § 169.14, subd. 5 (1982).

The original complaint, however, charged appellant with violation of Minn.Stat. § 169.14, subd. 2 (1982). On the second day of trial, after the state had rested its case, appellant moved for dismissal. The state was permitted to amend the complaint and charge appellant with a subdivision 5 violation. Appellant maintains the amendment…