State v. Bright

Citations

• 105 La. 341

Syllabus

<p>Syllabus.</p> <p>1. ’-die amendment, pending trial, of an information ror larceny by substitution therein of the name of a husband for that of his wife as the owner of the property stolen is authorized to be made by Section 1047 of the Revised Statutes when there appears to be a variance between' the statement of ownership in the information and the evidence offered in proof thereof. Conviction of the accused upon the amended information evidences the propriety of the amendment upon the existence of a variance as a matter of fact.</p> <p>2. Where, pending a trial of a person for larceny, the information is amended by substituting therein the name of a husband for that of his wife as the owner of the property stolen and both before and after the amendment both husband and wife were examined as witnesses and the accused made no effort to have the trial postponed, nor availed himself of the presence of the spouses on the stand as witnesses to negative the ownership as laid in the amended information, he is properly refused a new trial based upon a claim that he was surprised by the amendment and that he could disprove by the wife as newly discovered testimony that the property was her paraphernal property.</p>