People v. Parrilla

OPINION OF THE COURT

Tom, J.

The issue presented for review is whether an indictment which contains the correct time periods in which the crimes were committed but also includes time periods postdating the filing of the indictment, during which commission of the offenses would have been impossible, is jurisdictionally defective ab initio and not amendable. We find that the defect was not jurisdictional and, therefore, that the amendment to correct the form of the indictment was valid.

Defendant was indicted for three counts of rape in the first degree, attempted murder in the second degree, two…