People v. Hunt

The issue in this case is whether the district judge who presided over the defendant’s preliminary examination erred in denying the prosecutor’s motion to amend count ii to charge third-degree criminal sexual conduct, instead of gross indecency between males. We are persuaded that the amendment should have been allowed.

i

The defendant was charged in a complaint and warrant with gross indecency between males1 and kidnapping.2 The alleged victim was a thirteen-year-old boy with whom the defendant was acquainted.

The boy and a neighbor were the only witnesses at the defendant’s preliminary…