State v. Bailey

WELLS, Judge.

Defendant first assigns as error the trial court’s allowing the State’s motion to correct the indictments to properly reflect the name of the victim. Defendant argues that this correction constitutes an impermissible amendment to the indictments. We disagree.

N.C. Gen. Stat. § 15A-923(e) provides that “[a] bill of indictment may not be amended.” An amendment within the meaning of this statute is “any change in the indictment which would substantially alter the charge set forth in the indictment.” State v. Marshall, 92 N.C. App. 398, 374 S.E.2d 874 (1988) (quoting State v. Price,…