Blumenberg v. State

Citations

• 55 Miss. 528

Syllabus

<p>Criminal Law. Amendment of indictment.</p> <p>It is improper to amend an indictment for selling spirituous liquor by changing the name of the person to whom it is charged the liquor was sold, from “ J. T. JVI.” to “A. T. M.,” they being diiferent persons, although the proof may show that the accused had sold liquor to the latter, if it also appears that it was for the sale of liquor to “J. T. M.,” and not to “A. T. M.,” that the grand jury presented the indictment. Identity of the name is not essential, but identity of the offense and of the person is.</p>