CHAPTER 4. DEFECTS; AMENDMENT Art. 486. Repugnancy; surplusage An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because it contains repugnant allegations. Unnecessary allegations may be disregarded as surplusage.
Art. 487. Defective indictment; amendment A. An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because of any defect or imperfection in, or omission of, any matter of form only, or because of any miswriting, misspelling, or improper English, or because of the use […]
Art. 487.1. Indictment for driving while intoxicated; amendment An indictment which charges operating a vehicle while intoxicated may be amended at any time prior to commencement of the trial to charge a second, third, or fourth offense thereof regardless of whether such second, third, or fourth offense occurred before or after an earlier conviction of […]
Art. 488. Variances; amendment When there is a variance between the allegations of an indictment or bill of particulars which state the particulars of the offense, and the evidence offered in support thereof, the court may order the indictment or bill of particulars amended in respect to the variance, and then admit the evidence.
Art. 489. Continuance where amendment prejudicial If it is shown, on motion of the defendant, that the defendant has been prejudiced in his defense on the merits by the defect, imperfection, omission, uncertainty, or variance, with respect to which an amendment is made, the court shall grant a continuance for a reasonable time. In determining […]
