CONVICTION OF A MORE SERIOUS CRIME THAN ALLEGED
General Rule: Accused may be convicted of a crime more serious that that named in the title if such crime is covered by facts alleged in the body of the information and its commission is established by evidence.
Exception: Cannot be convicted under one act when he is charged with the violation of another if the change:
Involves change in the theory of the trial;
Requires a different defense;
Surprises the accused in any way.
