Kelley v. Commonwealth

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

The questions presented for decision by the assignments of error will be disposed of in their order as stated below.

Did the court err in permitting the amendments of the indictment, consisting of striking out the charge that the offense mentioned in the indictment was committed “feloniously,” and substituting the charge that the first offense mentioned in the indictment, of which it was alleged that there had been a prior conviction of the accused, was a conviction of a violation of section 17 of the…