State v. Riddle

Chandler, Justice:

Amended Opinion Number 23127, 387 S.E. (2d) 455, is vacated, and the following substituted in its place.

Appellant, Bruce Eugene Riddle (Riddle) contends the Circuit Court erred in permitting an amendment to his indictment during the course of trial. We agree and reverse.

Riddle was indicted for assault with intent to commit third degree criminal sexual conduct. At the close of evidence, the indictment was amended to charge assault with intent to commit first degree criminal sexual conduct. The sole issue we address is whether the amendment was proper.

S.C. Code Ann. §…