1280 ARTICLE 27

1937, ch. 123, sec. 549G.

643. Upon the passage and approval by the Governor of this sub-title
it shall be the duty of the Secretary of State to certify a copy of this sub-
title to the Executive Department of each of the States of the United
States.

1937, ch. 123, sec. 2.

644. If any part of this sub-title is for any reason declared void, it is
declared to be the intent of this sub-title that such invalidity shall not affect
the validity of the remaining portions of this sub-title.

1937, ch. 123, sec. 3.

645. This Act may be cited as the Uniform Act on Fresh Pursuit.

Procedure—Indictments—Amendment.

An. Code, 1924, sec. 550. 1912, sec. 493. 1904, sec. 435. 1888, sec. 283. 1852, ch. 176, sec. 1.

646. Whenever the misnomer of any defendant or defendants is pleaded
in abatement to any indictment in any of the courts of this State having
criminal jurisdiction, it shall be lawful for the State's attorney prosecuting
the same, or other person prosecuting for the State, on application to the
court, to amend the said indictment by inserting in the place of the name
or names so erroneously set forth in the said indictment the true name or
names of such party or parties, as disclosed in the said plea of abatement,
and it shall be the duty of the clerk of the court to endorse the amendment,
and to enter the said case upon the docket of the court, according to the
true name or names of the party or parties so indicted.

The name of a person in an indictment is a matter of substance, and cannot be
changed without the consent of grand jury; this applies to Christian name as well
as surname. This section provides for the misnomer of defendant, and is applicable
only when such misnomer is pleaded in abatement. Objection properly presented by
motion to quash. Watts v. State, 99 Md. 33.

Where the indictment described traverser as a free negress and at the trial it
appeared that she was a slave, an appropriate amendment held not authorized under
this section. Negro Hammond v. State, 14 Md. 147.

As to "Amendments at Law," see art. 75, sec. 39.

As to "Amendments in Equity," see art. 16, secs. 18 and 19.

Repeal of statute does not preclude actions or prosecution for penalty or liability
already incurred—art. 1, sec. 3.

An. Code, 1924, sec. 551. 1912, sec. 494. 1904, sec. 436. 1888, sec. 284. 1852, ch. 176, sec. 2.

647. Whenever it shall appear after a jury is sworn on any indict-
ment, in any of the courts of this State having criminal jurisdiction, that
the name or names of any person or persons other than the defendant and
defendants has or have been erroneously set forth in the said indictment,
it shall be lawful for the State's attorney, or other person prosecuting for
the State, on application to the court, to amend the said indictment ac-
cording to the proof in the said cause; and it shall be the duty of the court
in which such trial shall be had to proceed with the trial of the said indict-
ment so amended, unless oath shall be made by the party or parties so
charged that the said amendment or amendments has or have disclosed a
fact or facts to him heretofore unknown, or that the immediate proceed-
ing with the trial of the said indictment would tend to his prejudice; and
in such case it shall be the duty of the court to discharge the jury sworn
in the said case without a verdict, and to postpone the trial thereof for
such reasonable time as the court shall determine; or in case the said in-