People v. Hertz

On October 16, 1976, a Brighton police officer served the appellee Hertz a summons and complaint charging her with driving a vehicle “while under the influence of intoxicating liquor or drugs.” Before trial in the Adams County Court, the appellant District Attorney moved to amend the complaint by striking as surplusage the words “or drugs,” or in the alternative to elect between the two means of committing the offense. The trial court denied this motion.

The county court then granted the appellee’s motion to dismiss holding that because the allegation in the complaint was stated in the…