Kolb v. State

Appellant Fred Kolb was charged by affidavit with the offense of “Possession and Control of Narcotics With Intent to Give Them To Another Person.” Appellant waived arraignment and entered a plea of not guilty. Three days later, a second affidavit was filed charging Kolb with “Furnishing Alcoholic Beverages To A Minor.” On this second affidavit Kolb was arraigned and entered a plea of not guilty. The two offenses were consolidated for trial.

The case was brought to trial on November 19, 1970, at which time appellee made an oral motion to amend the affidavit on the alcoholic beverage charge. The…