KELLER v. STATE


425 A.2d 152 (1981)

Albert J. KELLER, Defendant, Appellant, v. STATE of Delaware, Plaintiff, Appellee.

Supreme Court of Delaware.

Decided January 5, 1981.


Attorney(s) appearing for the Case

J. Dallas Winslow, Jr., Asst. Public Defender, Wilmington, for defendant, appellant.

Cynthia R. Christfield, Deputy Atty. Gen., Wilmington, for plaintiff, appellee.

Before HERRMANN, C. J., and QUILLEN and HORSEY, JJ.


PER CURIAM:

The only disputed issue in this criminal appeal is whether it was reversible error for the Trial Court to amend certain counts of a grand jury indictment after the close of testimony and before counsel's summation to the jury. Defendant contends that the amendments changed the substance, as distinguished from the form, of the indictment and were therefore impermissible. We agree and therefore reverse.

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