concurring:
It appears from the matters developed in the hearing on remand that the defendant consented to the court’s considering the aggravated battery charge, but that there was no actual amendment of the information, nor was there a written memorial of what the amendment was to be. Since on the entire record it is clear that the appellant was not prejudiced in any way by the procedure that was used, and since he did not raise any defect in the information as an issue on appeal, I do not believe that the error in the proceedings can be considered so fundamental as to require reversal. I, therefore, concur in the result reached by the majority.