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Pozzini v. State

Angelo Pozzini v. State.

Pozzini v. State, 1911 OK CR 550, 126 P. 1040
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
November 25, 1911
Docket
No. A-671.
Judges
PER CURIAM.
Citations
126 P. 10401911 OK CR 5507 Okla. Crim. 6921911 Okla. Crim. App. LEXIS 9
Disposition
Reversed.
Summary
Appeal from Coal County Court; E. H. Wells, Judge. Angelo Pozzini was convicted of violating the prohibitory law, and appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

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 qjrohibitory law, and his punishment fixed at imprisonment in the eounty jail for a period of thirty days and a fine, of one hundred dollars. 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 ease goes to trial. It cannot be amended in matter of substance after the empaneling 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11940: 11942: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Marks v. State1940 OK CR 69, 102 P.2d 955
  2. Bohannan v. State1914 OK CR 124, 142 P. 1092
  3. Stephens v. State1942 OK CR 7, 121 P.2d 326

Most recent

  1. Stephens v. State1942 OK CR 7, 121 P.2d 326
  2. Marks v. State1940 OK CR 69, 102 P.2d 955
  3. Bohannan v. State1914 OK CR 124, 142 P. 1092

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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