People v. Dempster

THOMPSON (IRA F.), J.

The appellant was charged by an information in two counts with having embezzled the sum of fourteen hundred dollars and sixteen hundred dollars, respectively. During the course of the trial the judge pointed out to counsel that the commitment of the magistrate was for theft instead of embezzlement. The district attorney thereupon moved the court for leave to amend the information by substituting the words “grand theft” for that of “embezzlement, charging the defendant with the crime of grand theft, a felony instead of embezzlement” and changing the language of the charge…