People v. Kuehn

GoldmáN, J.

The defendants-appellants stand convicted of the crime of assault in the third degree. Their convictions rest, not upon the single count of assault in the second degree returned by the Grand Jury of Chautauqua County in a long-form or statutory indictment, hut rather upon a new count of assault in the third degree as added by the court upon its own order. Defendants assert as the principal ground of error this action taken by the court in the amendment of the indictment.

As the record indicates, at the close of all of the evidence the defendants moved for a dismissal of the…