Winston v. State

TAYLOR, Judge.

In charging Anthony Philander Winston with stealing an electric bug killer from the Village Square Apartments in Russellville, the scrivener for the grand jury made a mistake. In setting out the statute violated, instead of typing “§ 13A-8-4,” the typist typed “§ 13-8-4,” leaving out the capital “A”. Wilson seeks'a reversal of his guilty plea, contending that the indictment is fatally defective for this reason. We have held that a typographical or spelling error is not fatal to an indictment if it is not prejudicial to the rights of the defendant. Clency v. State, 415 So.2d 714…