Melton v. State

Banke, Chief Judge.

After the defendant entered his plea of not guilty to an accusation charging him with driving under the influence of alcohol, but before jury selection commenced, the trial court allowed the state to amend the accusation to change the alleged date of the offense. On appeal, the defendant contends that this constituted reversible error.

The defendant was actually arrested for the offense at 1:35 a.m. on November 20, 1983; but both the citation prepared by the arresting officer and the original accusation prepared by the state’s attorney specified November 19, 1983, as the…