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Home / Opinion Digests / Criminal Practice / Criminal Practice – Indictment Amendment – Lesser Included Offense – Motion to Dismiss – Number of Offenses – Jury Instruction – Serious Bodily Injury (access required)

Criminal Practice – Indictment Amendment – Lesser Included Offense – Motion to Dismiss – Number of Offenses – Jury Instruction – Serious Bodily Injury (access required)

Even though the trial court allowed the state to amend its second-degree kidnapping indictment during trial to change the underlying felony from a misdemeanor to a felony, the state was bound by the crime as alleged in the original indictment. As alleged therein and as found by the jury, the state proved all the elements ...

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