The King v O'Meara - [1943] NZLR 328

Criminal Law — Indictment — Amendment — Verdict — Counts of Breaking and Entering and of Theft — Alternative Counts of Breaking and Entering with Intent to Commit Crime of Theft — Acquittal on Breaking and Entering Count — Verdict on alternative Count of "Guilty of breaking and entering with intent to commit a crime therein. What crime was intended has not been definitely proved" — Effect of Verdict — Application for Amendment of Second Count — Whether Variance between Proof and Charge — Whether Amendment should be granted — Verdict to be entered — Crimes Act, 1908, ss 276, 277, 339 (f) (v), 392.