State v. Stewart

OPINION

By MILLER, J:

The defendant-appellant was charged with contributing to the delinquency of a minor under §1839-45 GC. After the jury had been impaneled and sworn and before the opening statements of counsel or any evidence had been introduced, it was moved by the State that the affidavit be amended as follows:

“It is further charged that the defendant has been formerly convicted, sentenced and imprisoned for a misdemeanor under the laws of Ohio.”

The motion was sustained and the amendment allowed. The amendment was made in order to comply with the requirements of §§4130 and 4131 GC. Sec.…