Peebles v. State

Citations

• 55 Miss. 434

Syllabus

<p>X. Criminal Law. Amendments. Section Ü799 of the code of 1871 is constitutional.</p> <p>Section 2799 of the Code of 1871 — which provides that, on the trial of an indictment for any offense, if there shall he a variance between the indictment and the proof in the name of any person alleged to be the owner of any property which shall form the subject of the offense charged, it shall he lawful for the court, if it shall consider such vai'iance not material to the merits of the case, and that the defendant cannot be prejudiced thereby in his defense on the merits, to order such indictment, and the record and proceedings thereon, to he amended according to the proof, on such terms as to postponing the trial as the court shall think reasonable — is not unconstitutional. The case of Miller v. The State, 53 Miss. 403, affirmed.</p> <p>2. Same. Surprise, by amendment. Continuance.</p> <p>Where an indictment is amended under section 2799 of the Code of 1871, and the defendant does not ask for a continuance of his cáse, he cannot afterwards object that he was surprised and prejudiced in his defense by the amendment.</p>