State v. Kirkland

OPINION

O’BRIEN, Judge.

This is an appeal by the State from a judgment in the Davidson County Criminal Court denying the State’s motion to amend, and dismissing the indictment with prejudice.

In May, 1983 the Davidson County Grand Jury indicted Dale Kirkland for larceny and concealment of “one (1) 800 Diesel line carburetor”. On September 12, 1983, before jury selection for the trial of these offenses had begun, the State moved to amend the indictments to read “one (1) 800 dual line carburetor” or, in the alternative “one (1) carburetor”. The State also proposed a continuance to allow defendant…