James Bell v. State Alaska

SINGLETON, Judge. James Bell was convicted by a jury of assault in the second degree, in violation of AS 11.41.210(a)(2). He appeals arguing, in part, that the trial court erred in permitting an amendment to the indictment which rendered it duplicitous by, in effect, charging two separate offenses in a single count. That error was compounded, he continues, because the jury was permitted to render a single verdict on the duplicitous indictment without an instruction requiring that the jury unanimously agree that Bell committed one of the offenses. We agree and reverse.