State v. Higgins

CLEMENS, Senior Judge.

A grand jury indicted defendant Lawrence E. Higgins for stealing $145. Under an information substituted at trial the jury found him guilty of stealing by deceit. The court sentenced defendant as a prior felon to five years imprisonment. He appeals, contending the trial court erred in permitting the state to amend the charge at trial because it charged a different offense and he was prejudiced thereby.

Defendant does not challenge the sufficiency of the evidence. Two undercover police officers testified defendant agreed to sell them a teaspoonful of heroin for $145; they…