Dickson v. State

Citations

• 20 Fla. 800

Syllabus

<p>1. A State Attorney has no authority to amend an indictment found by a grand jury, by his individual indorsement thereon. The only legal manner in which an amendment can be made is provided for in Chapter 1107, Laws I860.</p> <p>2. Tlie allegation of tlie time or date of the commission of the offence is one of substance and not of form. A mistake in such allegations is not susceptible of amendment.</p> <p>8. The defendant was indicted in April, 1884; tlie offence was charged to have been committed in December, 1884; the State Attorney endorsed upon the indictment over his signature those words : “The date upon which the State relies is the tenth day of December, A. D. 1888, and not the tenth day December, A. D. 1884.” Reid; That the amendment was void and did not change the allegation in the indictment in that respect. The time alleged is matter of substance, and it being an impossible day, tlie indictment was bad, and the judgment is arrested.</p>