Cain v. State

The indictment in this case, as it was returned by the grand jury, did not conclude “ against the peace and dignity of the state.” The contra dignitatem was omitted. Before the defendant was arraigned, the prosecuting-attorney moved the Court to insert the omitted words. The defendant objected, but the Court overruled the objection and permitted the amendment to be made.

The indictment, as it was returned, was undoubtedly insufiicient; but the question is, whether the Court was authorised to amend it, so as to make the conclusion of the indictment conform to the requisition of the constitution?