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Home / Opinion Digests / Criminal Practice / Criminal Practice – Indictment Amendment – Heroin to Opiates – Day of Trial – Substantial Amendment (access required)

Criminal Practice – Indictment Amendment – Heroin to Opiates – Day of Trial – Substantial Amendment (access required)

State v. Simmons (Lawyers Weekly No. 011-343-17, 14 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Robert Ervin, J.) N.C. App. Holding: Amending an indictment that alleged trafficking in “heroin” to instead allege trafficking in “opiates” was an impermissible substantial amendment that allowed the state to present evidence of hydrocodone as well as heroin. We ...

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