Abney v. State

OPINION

By ROSS, PJ.

No request was made to discharge the jury or for a continuance; nor was any *298statement made that the accused would be prejudiced by being compelled to go to trial under the indictment as amended.

There is nothing in the record to show that the defendant was misled or prejudiced by the addition to the indictment. Nor is there anything to suggest that upon the whole record, the defendant had other than a fair trial and received substantial justice.

Sec 13431-29, GO, is as follows:

“The trial court may at any time before, during or after the trial amend the indictment, information…