Indictment; amendment of

§ 200.70 Indictment; amendment of.\n 1. At any time before or during trial, the court may, upon application\nof the people and with notice to the defendant and opportunity to be\nheard, order the amendment of an indictment with respect to defects,\nerrors or variances from the proof relating to matters of form, time,\nplace, names of persons and the like, when such an amendment does not\nchange the theory or theories of the prosecution as reflected in the\nevidence before the grand jury which filed such indictment, or otherwise\ntend to prejudice the defendant on the merits. Where the accusatory\ninstrument is a superior court information, such an amendment may be\nmade when it does not tend to prejudice the defendant on the merits.\nUpon permitting such an amendment, the court must, upon application of\nthe defendant, order any adjournment of the proceedings which may, by\nreason of such amendment, be necessary to accord the defendant adequate\nopportunity to prepare his defense.\n 2. An indictment may not be amended in any respect which changes the\ntheory or theories of the prosecution as reflected in the evidence\nbefore the grand jury which filed it; nor may an indictment or superior\ncourt information be amended for the purpose of curing:\n (a) A failure thereof to charge or state an offense; or\n (b) Legal insufficiency of the factual allegations; or\n (c) A misjoinder of offenses; or\n (d) A misjoinder of defendants.\n