People v. Benson

The main issue presented by this motion is whether an order of the court is necessary to obtain a superseding indictment in this State. Also, whether there exists a substantive or procedural distinction between a superseding indictment which merely amends or corrects a factual or legal defect in the earlier indictment and one which purposes solely to charge the defendant with a higher crime than the one charged in the earlier indictment.

Apart from the aforesaid questions of law, the issue before me is complicated by the following facts. After the first indictment for manslaughter, first…