interpreting Federal Rule of Criminal Procedure 7 [e], which has nearly identical language to K.S.A. 22–3201 [e]: “Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding”
Summary of this case from State v. LoweNo. 97-1211.
December 16, 1997.
E.D.Pa.
Affirmed
interpreting Federal Rule of Criminal Procedure 7 [e], which has nearly identical language to K.S.A. 22–3201 [e]: “Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding”
Summary of this case from State v. LoweFull title:Holbrook v. Lykes Bros. S.S. Co., Inc. v. Babcock Wilcox Co.; Holbrook v…
Court:United States Court of Appeals, Third Circuit
Date published: Dec 16, 1997
See Dukes v. Illinois Central Railroad Company, 934 F. Supp. 939 (N.D.Ill. 1996); Zarecki v. National…
State v. LoweThe test focuses on whether the amendment would introduce an element of surprise that would interfere with…