53 Miss. 403 | Miss. | 1876
delivered the opinion of the court.
The plaintiff in error, having been convicted of an assault with a deadly weapon, with intent to kill and murder, prosecutes her writ of error, and complains that the indictment is bad, because it does not charge a battery, and Williams v. State, 42 Miss. 328, is relied on in support of this point. That decision was in reference to art. 18, p. 575, Code of 1857, which differs from § 2497 of the Code of 1871, under which this indictment
It is further complained that the Circuit Court erred in ordering an amendment of the indictment, by directing the name “ Blackman ” to be changed to u Blackburn,” without the consent of the accused, and after the evidence for the State had been closed, and during the examination of witnesses for the defence. “ Blackman ” was the person upon whom the defendant was charged to have made the assault; and when evidence disclosed that the real name was “ Blackburn,” the court ordered an amendment of the indictment by substituting “ Blackburn ” for “ Blackman.” This was in accordance with § 2799 of the Code of 1871, and proper. We do not perceive any constitutional objection to the law authorizing amendment of indictments. It does not violate § 31 of art. 1 of the Constitution to correct an error in the name of a person specified in an indictment duly found and returned by a grand jury. The object of this provision of the Bill of Bights is to protect against criminal procedure, except upon an inquest of a grand jury in all cases of felony, but it was not intended to deny to the legislature the power to pass laws to secure the efficiency of procedure under an indictment found by a grand jury, by making an amendment which does not deprive the accused of any substantial right necessary to the ends of justice. The use of a name is to identify the person. The importance of properly identifying the person on whom an assault is charged to have been committed is to apprise the accused of the particular offence charged with a view to his defence, and to enable him to plead former jeopardy, if indicted again for the same offence.
In this case the accused was indicted by a grand jury for an assault on a particular person, but by mistake the name of this person was erroneously stated in the indictment. It would not be competent to change the indictment so as to charge a distinct and different offence from that preferred by the grand jury; but where the amendment-is merely to state truly the
In the case under consideration the amendment was properly ordered. In making it in the indictment there was a careless omission to amend the name in both places where it is used in the indictment; and after the amendment the charge was for assaulting Roan Blackburn, with the intent to kill and murder Roan Blackman, and of this the accused was found guilty. For this blunder in making the amendment of the indictment ordered by the court the judgment must be reversed. If the
Judgment reversed, new trial granted, and cause remanded.