State v. Gregg

Citations

• 122 La. 979
• 48 So. 426
• 1909 La. LEXIS 630

Syllabus

<p>Cbiminai, Law (§ 1167*) — Appeal—Haemless Error — Amendment on Indictment.</p> <p>■ Defendant, having been indicted for breaking and entering a store in the nighttime, with intent to steal, and for the larceny, on the same occasion, and from the same store, of a number of articles, described in 22 items, was found guilty as charged.</p> <p>Held, that an amendment to the indictment, whereby one of the items, reading “6 pairs of house, each paid valued at 8 cents,”, was made to read “6 pairs of hose, each pair valued at 8 cents,” becomes immaterial to the merits of the case, in the sense that defendant has sustained no substantial prejudice thereby, in view of the fact that it added nothing to the gravity of the offenses with which he was otherwise charged, that he has been convicted of the burglary and of the larceny of the other articles described in the indictment, and that his conviction upon the amended item, in the charge of larceny, carries with it no other or greater penalty than that for which he is otherwise liable.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. § 3104; Dec. Dig. § 1167.*]</p> <p>(Syllabus by the Court.)</p>