State v. Allen

The opinion of the court was delivered by

Wedell, J.

Defendant was convicted of an attempt to commit rape and has appealed.

Appellant asserts the trial court erred, in permitting the state to amend the information after the state rested. The information was *375drawn pursuant to the provisions of G. S. 1935, 21-424, and charged appellant with the commission of the offense of forcible rape. At the conclusion of the state’s evidence in chief, counsel for appellant moved for a directed verdict on the ground the evidence showed the offense of rape had not been committed. The state conceded the evidence…