Stephens v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of indulging in indecent and immoral practices with a child under fifteen years of age as denounced by KRS 435.105. A jury fixed his punishment at confinement for five years in the penitentiary.

In seeking to reverse the conviction it is urged that the court erred in permitting, over appellant’s objections, the indictment to be amended by changing the date when the offense was allegedly committed. Rule 6.16 of our Rules of Criminal Procedure provides:

“The court may permit an indictment or information to be amended any time before verdict or finding…