Dwigans v. State

The appellant was charged by an affidavit in two counts with having inflicted a personal injury upon another with a dangerous instrument while engaged in the commission of a robbery and with robbery proper. The prosecution was based upon § 6, ch. 148, Acts 1941, § 10-4101, Burns’ 1942 Replacement, § 2416-1, Baldwin’s Supp. 1941.

On motion of the prosecuting attorney, made before the beginning of the trial, the court permitted the second count of the affidavit, which was properly signed and sworn to, to be amended by inserting the name of the affiant in the body thereof. This did not…