Bar Q: Amendment


Leave of court is required to amend a complaint or information before arraignment if the amendment __________. (1%)

(A) upgrades the nature of the offense from a lower to a higher offense and excludes any of the accused

(B) upgrades the nature of the offense from a lower to a higher offense and adds another accused

(C) downgrades the nature of the offense from a higher to a lower offense or excludes any accused

(D) downgrades the nature of the offense from a higher to a lower offense and adds another accused

(E) All the above choices are inaccurate. (2013)


Answer: C

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