State v. Duncan
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Dowlan, Judge. Leandek Duncan was convicted of operating and conducting a gambling game, and he appeals from the judgment and an order denying him a new trial. The court erred in permitting the county attorney to amend the information. The amendment was to a matter of substance and not of form. So much so, in fact, that it had the effect of changing the entire charge in the information.
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Appeal from District Court, Silver Bow County; Michael Dowlan, Judge. Leandek Duncan was convicted of operating and conducting a gambling game, and he appeals from the judgment and an order denying him a new trial. The court erred in permitting the county attorney to amend the information. The amendment was to a matter of substance and not of form. So much so, in fact, that it had the effect of changing the entire charge in the information. (State v. McKee, 17 Utah, 370, 53 Pae. 733.) The general rule is that all descriptive matters in the information, although unnecessarily particular, must…
1Opinion of the CourtJustice Holloway
Leander Duncan and others were convicted of operating and conducting a gambling game. From the judgment of conviction, and from an order denying him a new trial, the defendant Duncan appealed.
1. The first contention made is that the trial court erred in permitting the information to be amended after the defendant had entered his plea. Sections 9108 and 9174, Revised Codes, provide:
“Sec. 9108. An information may be amended in matter of substance or form at any time before the defendant pleads, without leave of court. The information may be amended at any time thereafter and on the trial as to…
2Cases cited6 opinions
- People v. CarrollCalifornia Supreme Court · 1889
- State v. McCarthyMontana Supreme Court · 1907
- State v. OliverMontana Supreme Court · 1897
- State v. AndersonSupreme Court of Arkansas · 1875
- State v. RadmilovichMontana Supreme Court · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SuitorMontana Supreme Court · 1911
- State v. SieffMontana Supreme Court · 1917
- State v. FisherMontana Supreme Court · 1927
- State v. KnightMontana Supreme Court · 1963
- State Ex Rel. Treat v. District Court, Fourth Judicial Dist.Montana Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.