People v. Houppert

Memorandum: An indictment was returned against appellant charging assault, second degree, in that “with intent to prevent and resist his lawful apprehension and detention” he assaulted a Deputy Sheriff. Upon the trial the People offered no proof to sustain this allegation. Instead the evidence was that if an assault was committed it was to prevent the apprehension and detention of a third party. At the close of the People’s case defendant moved to dismiss and the prosecution moved to amend the indictment so that it would read that the alleged assault was committed with intent to prevent…