Gullett v. State

This appeal involves the right of the state to amend an affidavit after the jury had been impaneled and sworn to try the cause and after the court had instructed the jury in writing pursuant to Rule 1-7A. Other amendments had been made prior to the time of trial, but these are not questioned by appellant’s assignment of errors.

The amended affidavit, set out in the note below, 1 at the time of the beginning of the trial, charged appellant with violation of §10-3011, Burns’ 1942 Replacement. 2

The record does not disclose that the appellant had been arraigned upon the amended affidavit at the…