State v. MacE

SOMERVILLE, Presiding Judge.

Defendant was charged with assault in the second degree, a class D felony, § 565.- 060, RSMo 1978. 1 Assault in the second degree, as statutorily prescribed in § 565.-060, creates a single offense notwithstanding the fact it may be committed by any one of three different methods.

The original information charged that defendant committed the offense by the method delineated in § 565.060.1(1). On the morning of trial, over objection of defendant, the State was permitted to file an amended information charging that defendant committed the offense by the method…