Gonzalez

Bernardo Gouzin Gonzalez was charged by information with two counts of "Assault with a deadly weapon with intent to commit murder." The first count alleged: "That said defendant on or about March 28, 1971 ... did wilfully, unlawfully and feloniously assault Reynaldo Ayala with a deadly weapon with intent to commit murder in violation of Secton 217 of the California Penal Code." The second count was pleaded in identical language, except that one Hilario M. Duran was named as the victim.

At the conclusion of the trial's testimony the People, over Gonzalez' objection and by leave of court, filed an amended information adding four new counts as "different statements" of the initially charged offenses. (See Pen. Code, § 954.) The purpose according to the prosecutor, was to prevent "possible confusion" in the jury instructions on lesser included offenses.

One of the newly added counts charged that defendant did "assault Reynaldo Ayala with a deadly weapon with intent to commit manslaughter in violation of Section 221 of the California Penal Code"; another charged that he "did assault Reynaldo Ayala with a deadly weapon in violation of Section 245 of the…