State v. Montgomery

DOWD, Presiding Judge.

Appellant (herein defendant) was convicted of feloniously stealing an automobile contrary to §§ 560.156 and 560.161, RSMo. 1969. Diming the trial and at the close of all the evidence the court granted the State leave to substitute an information for the indictment adding the words “acting with another” after the defendant’s name. Defense counsel promptly objected to the amending language.

*750Defendant was convicted and sentenced to three years imprisonment. Defendant appeals.

Defendant’s sole point on appeal is that the trial court erred by allowing the State to amend the…