State v. Warfield

WEIER, Judge.

Defendant was tried by the court after waiving a jury. He was found guilty of the offense of stealing over $50.00 and was sentenced to two years’ imprisonment. On appeal, he contends that the court erred in permitting an amendment of the information once trial had commenced, all to his prejudice.

The conviction arose out of an occurrence on the evening of October 26, 1971. Facts favorable to the verdict indicated that the defendant approached a filling station attendant with a proposal to exchange what appeared to be rolls of twenty-five cent coins for paper bills in larger…