People v. Cherry

Defendant was charged with assault with intent to rape. On the date of trial the trial court, on motion of the prosecutor, and without objection amended the information to charge taking indecent liberties with a child under the age of 16 years. He was convicted of the charge, and he appeals of right.

The issue presented here is whether OL 1948, § 767.76 (Stat Ann 1954 Rev § 28.1016) authorizes the trial court to amend the indictment or information to charge an added count of a new crime, not an included offense of the crime originally charged, when such additional charge is disclosed by the…