State v. Silas

BRADY, Justice.

At the close of all evidence, the trial court allowed the assistant district attorney to orally amend defendant’s felony breaking or entering indictment, by changing the specifically alleged intended felony to conform to the evidence presented at trial. Because we find this alteration of the indictment was prejudicial error for a reason other than that found by the Court of Appeals, we modify and affirm the opinion of the Court of Appeals.

FACTUAL BACKGROUND

On 9 July 1999, defendant James Emanuel Silas became angry with Rhonda Silas, his estranged wife from whom he had been sepa…