Frizzell v. Commonwealth

JONES, Justice.

The appellant, James Dale Frizzell, was indicted by the Graves County Grand Jury charging him in Count No. 1 with the offense of storehouse breaking, KRS 433.-190; and in Count No. 2, forgery, KRS 434.130. He was convicted on Count No. 1 and sentenced to three years in the state penitentiary, and was convicted on an amended charge in Count No. 2, of uttering a forged instrument, and sentenced to five years in the state penitentiary.

On appeal, Frizzell first contends that the trial court erred in granting the motion of the Commonwealth’s Attorney to amend Count No. 2 of the…