Section 15-8-91
Prosecution dismissed where amendment not consented to by defendant; new indictment; form of entry of record.
If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent time, in which case an entry of record must be made to the effect following:
| "The State ) | In this case, it appeared from the evidence that there was a variance between the allegations of the indictment and the "The State proof in this (setting out the variance); or it appeared from the evidence that the defendant's name was …(stating it); and the defendant not consenting to allow the indictment to be amended, the prosecution was dismissed before the jury retired, and another indictment was ordered to be preferred." |
| v.) | |
| A. B.) |
(Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code 1886, §4390; Code 1896, §4918; Code 1907, §7156; Code 1923, §4551; Code 1940, T. 15, §254.)