Smith v. State

The charge brought by affidavit was filed against the appellant on December 29, 1965, and was in part as follows:

“. . . which property the said JEROME PATSIN[G]ER then and there unlawfully held in his possession and was then and there the property of OSCAR’S LOAN OFFICE, INC.,...” (our emphasis).

The appellant entered a plea of not guilty and on October 30, 1967, the cause was submitted for trial by jury. Immediately before the commencement of the trial of this cause, the State moved to amend the affidavit upon which the defendant was charged to read as follows: “which property the said JEROME…