Bell v. State

The prosecution was begun by affidavit, and charged that defendant did buy, sell, have in possession illegally, give, barter, exchange, receive, deliver, carry or ship prohibited liquors, contrary to law. Demurrer to this complaint was overruled, but before the trial proceeded to the jury the solicitor, by permission of the court, amended the affidavit by striking therefrom the allegation that the defendant “did buy” prohibited liquors. This cured the error of the court in overruling the demurrer to the complaint.

Under section 4646 of the Code of 1923, the affidavit may be amended to meet the…