State v. Erickson

The defendant was convicted by a jury in the Superior Court {Dunn, J.) on two indictments of theft by deception. Her appeal raises the following question for our review: whether the trial court impermissibly amended an indictment which charged the defendant with a “purpose to deprive by withholding the property permanently,” by instructing the jury that “purpose to deprive” included “withhold[ing] [the] property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value or of the use and benefit *517thereof would be lost.” (Emphasis…