State v. Hicks

OPINION OF THE COURT

DAVID L. LEVY, Judge.

The Defendant in this case was initially charged with the crime of Battery in a prosecution initiated by the filing of a Complaint. The Complaint alleged that the crime occurred on March 15, 1982. Subsequently, the State filed a Statement of Particulars in which the State alleged that the alleged offense occurred on March 15, 1982.

*155Thereafter the Defendant stood trial for the offense charged. At the said trial, the evidence was uncontradicted that the incident in question occurred on March 13, 1982, and not, as alleged in the Complaint and Statement of…