13. Indictment for different offence to the one with which the offender is charged

Where in the course of any trial for an offence under this Act, it appears by the evidence led, that the offence in fact committed by the accused is different to the offence with which he has been charged, or that it is a lesser offence than the one with which he has been charged, then the court may in its discretion alter the Indictment and after such alteration has been made, proceed with the trial as if the altered

Indictment had been the original Indictment.