Robert Caldwell was indicted for aggravated assault which was alleged to have occurred on August 12, 1974. Caldwell's sole defense was to be alibi for that date. At trial, however, the district attorney, in his opening statement, informed the jury that the evidence would show that the offense was committed on September 12 rather than on August 12 as alleged in the indictment. Defendant's counsel made no motion...
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