ECHOLS FUTRELL KELLY v. State

Appellant Kelly was convicted of burglary in the Circuit Court of Forrest County, Mississippi, and sentenced to serve a term of seven years in the state penitentiary.

The indictment originally charged the ownership of the property to he that of Cleve Allen, Jr. Before the trial began, the State’s motion, amending the indictment to show ownership of the property to he in Allen Beverag’es, Inc., a Mississippi corporation, was sustained. Appellant’s counsel objected to the amendment, and, after it was allowed, moved the court for a continuance on the ground of surprise and inadequate opportunity…