Pozzini v. State

• Decision Date: 25 November 1911
• Citation: 126 P. 1040,7 Okla.Crim. 692,1911 OK CR 550
• Parties: POZZINI v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

126 P. 1040

7 Okla.Crim. 692, 1911 OK CR 550

POZZINI v. STATE.

Court of Criminal Appeals of Oklahoma

November 25, 1911

Appeal from Coal County Court; R. H. Wells, Judge.

Angelo Pozzini was convicted of violating the prohibitory law, and appeals. Reversed and remanded.

C. M. Threadgill, of Coalgate, for plaintiff in error.

Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM.

The plaintiff in error, Angelo Pozzini, was convicted in the county court of Coal county at the January, 1910, term, on a charge of violating the prohibitory law, and his punishment fixed at imprisonment in the county jail for a period of 30 days and a fine of $100.

It appears from the record that at the conclusion of the trial there was a fatal variance between the allegation in the information and the proof adduced. The county attorney thereupon asked leave to amend the information to conform to the facts proved, which leave was granted by the court. This was error. If an information is to be amended, it should be done before the case goes to trial. It cannot be amended in matter of substance after the impaneling of a jury, and can be amended in matters of form only when such can be done without prejudice to the rights of the accused.

Let the judgment be reversed, and the cause remanded for a new trial.