State v. Smith

TITUS, Judge.

An information filed April 30, 1980, charged defendant with stealing 86 cattle owned by Joe and James Jackson. On April 24, 1981, the day of trial but before any evidence was heard, and over defendant’s objections, the court permitted the state to amend the information so as to accuse defendant of stealing 87 cattle. The jury found defendant guilty and, per the verdict, he was sentenced to imprisonment for a term of seven years. §§ 570.030 and 558.-011. 1 Defendant appealed.

Defendant’s first point relied on is that the trial court erred in permitting the amendment to the…