State v. McGunn

Loring, Justice.

Defendant was convicted of the crime of petit larceny. Upon the denial of his motion for a new trial, he appeals. The information charged that the defendant embezzled $339.15 from one C. A. Kirtland as trustee on June 20, 1939. After the admission of evidence at the trial, the prosecution moved to amend the information by changing the date on which the charged theft took place. The trial court, seeing no prejudice to defendant, allowed the amendment. Defendant complains that it should not have been allowed; further, that the state should have been required to elect upon proof…