Beck v. Lexington Coca-Cola Bottling Co.

Defendant challenges the order of the court below permitting amendment of the complaint and bill of particulars mainly upon two grounds: (1) That the court did not have authority to permit an amendment of the bill of particulars. (2) That if the court possessed such authority, it could not be exercised at the criminal term of court in question.

With the first, we do not agree. But as to the second, upon the record on this appeal, we think the position is well taken.(1) The amendment of bills of particulars is governed by the general rules as to amendment of pleadings. The question of allowing…