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GULLETT v. STATE

No. 29,024.

233 Ind. 6 (1953)

116 N.E.2d 234

GULLETT v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed December 22, 1953.

Attorney(s) appearing for the Case

Allen E. Goltra, of Columbus, for appellant.

Edwin K. Steers, Attorney General, and Carl Humble, Deputy Attorney General, for appellee.

EMMERT, J.

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

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