State v. Gullion

CHEZEM, Presiding Judge.

Statement of the Case

The State of Indiana appeals the trial court’s denial of the State’s motion to amend the criminal information on the day before trial. We reverse and remand.

Issues

1. Whether Indiana Code 35-34-l-5(d) permits the court to allow the State to amend the information in a substantive manner after thirty (30) days prior to the omnibus date.

Statement of Facts

Defendant’s child, Christopher Gullion, died on October 11, 1985. On November 12, 1986, the State filed an information charging Scott Gullion with Involuntary Manslaughter, Neglect of a Dependent…