James Was Charged with Embezzlement in a Jurisdiction That Does

Multiple Choice

James was charged with embezzlement in a jurisdiction that does not have a consolidated statute. The prosecutor failed to charge him with false pretenses and larceny, in the event the facts tended to prove one of the other theft charges. As it turns out, James did not meet the embezzlement requirements. If the prosecutor had charged larceny, he would have been convicted. Based on these facts, what outcome?

A) He committed a crime so he will be found guilty regardless of the charge.
B) He will be acquitted.
C) The prosecutor will have an opportunity to amend the charges and continue the trial.
D) The defendant will have the opportunity to rebut all evidence presented against him.