Keller v. State

The only disputed issue in this criminal appeal is whether it was reversible error for the Trial Court to amend certain counts of a grand jury indictment after the close of testimony and before counsel’s summation to the jury. Defendant contends that the amendments changed the substance, as distinguished from the form, of the indictment and were therefore impermissible. We agree and therefore reverse. 1

Appellant, Albert J. Keller, was tried in Superior Court on various charges, including multiple counts of theft through false pretense in the sale of motor vehicles, in violation of 11 Del.C. §…