Collins v. State

We have a statute which provides that, “ when the exception to an indictment is merely on account of form, the same shall be amended, if decided to be defective, and the cause proceed upon such amended indictment.” Pasc. Dig., art. 2977; Bosshard v. The State, 25 Texas (Supp.), 207; Mathews v. The State, 44 Texas, 376; Hauck v. The State, 1 Texas Ct. App. 357; Long v. The State, 1 Texas Ct. App. 466. But an indictment cannot be amended as to matter of substance. Calvin v. The State, 25 Texas 794; Sanders v. The State, 26 Texas, 119; Sharp v. The State, post, p. 650; Drummond v. The State, 4…