Practice question
The information’s factual allegations contain all elements of L. At trial, proof also suggests distinct graver G, but the pleading never alleges G’s additional element. The judge proposes a G conviction solely because the evidence is stronger than expected. Which is correct?
- Proof of greater conduct does not authorize bypassing the charged-offense limit; L may be adjudicated if established
- Unexpected strength automatically amends every allegation
- A witness may orally amend the charge by adding an element
- The highest discovered offense must always be imposed
- A lower charged offense prevents any judgment at all
Legal references
- Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
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