Commonwealth v. Van Jones

The defendant was put to trial on an indictment charging him with unarmed robbery by assault and putting in fear.1 G. L. c. 265, § 19. After closing arguments of counsel, the judge amended the indictment to conform to the evidence of unarmed robbery by force and violence. Mass.R.Crim.P. 4(d), 378 Mass. 849 (1979) (“Upon his own motion or the written motion of either party, a judge may allow amendment of the form of a complaint or indictment if such amendment would not prejudice the defendant or the Commonwealth”). He instructed the jury *490on the elements of the offense set out in the indictment…