D. 1899.1
CRIMINAL PROCEDURE.
(No. 9.
indictment or any count in it, so as to make it conformable with the facts. If the Court is of opinion that the accused person has not been misled or prejudiced in his defence by such variance, it shall make such amendment.
(2) If it appears that there is in the indictment, or in any count in it, an omission to state or a defective statement of anything requisite to constitute the offence, or an omission to negative any exception which ought to have been negatived, but that the matter omitted or deficient was proved by the evidence, the Court shall, if it is of opinion that the accused person has not been misled or prejudiced in his defence by such omission or defective statement, amend the indictment or count by inserting in it the matter omitted or deficient.
(3.) The trial in either of these cases may then proceed in all respects as if the indictment or count had been originally framed as amended. Provided that, if the Court is of opinion that the accused person has been misled or prejudiced in his defence by any such variance or omission or defective statement as aforesaid, but that the effect of such misleading or prejudice might be removed by adjourning or postponing the trial, the Court may, in its discretion, make the amendment and adjourn the trial to a future day, or discharge the jury and postpone the trial, on such terms as it may think just.
(4) In determining whether the accused person has been misled or prejudiced in his defence or not, the Court shall consider the contents of the depositions, as well as the other circumstances of the case.
431
14 & 15 Vict. c. 100 s. 1.
56. (1.) In any case where an amendment is made, the order for the amendment shall be indorsed on the indictment and be entered in the Minute Book of the Court.
(2.) Every verdict and judgment which may be given after the making of any amendment shall be of the same force and effect in all respects as if the indictment had been originally in the same form in which it is after such amendment has been made.
(3.) If it becomes necessary at any time for any purpose to draw up a formal record in any case where an amendment has been made, such record shall be drawn up in the form in which the indictment is after such amendment has been made, without taking any notice of the fact of such amendment having been made.
Conviction for Offence other than that charged.
57. If, on any trial for any felony, except murder or manslaughter, where the indictment alleges that the accused person did cut, stab, or wound any person, the jury are satisfied that the accused person is guilty of felonious wounding on indictment for