Flowers

Appellant was found guilty of violation of section 245 of the Penal Code, assault by means of force likely to produce great bodily injury, after trial by jury. He appeals from the judgment based upon the verdict.

The sole issue raised by appellant is the propriety of the allowance of an amendment to the information adding a new count after a mistrial. The appellant was originally charged with violation of section 211 of the Penal Code, robbery, by a complaint filed in the municipal court. After a preliminary examination, he was bound over to superior court on this charge. A jury trial followed; the jurors could not agree and a mistrial was declared. The case was set for retrial, and on the day the retrial was to commence the district attorney was permitted to file an amended information, over appellant’s objection. The amended information added a second count charging assault by means of force likely to produce great bodily injury to the original count charging robbery. After various continuances granted for the convenience of the court and at the request of the district attorney and the defendant, respectively, trial was had some six weeks later.

The defendant was…