552 CRIMES AND PUNISHMENTS. [ART. 27.

Procedure--Indictments-Amendment.

P. G. L., (1860,) art. 30, sec. 79. 1852, ch. 176, sec. 1.

283. 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 in-
dictment by inserting in the place of the name or names so erron-
eously 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.

Hammond v. State, 14 Md. 147

Ibid. sec. 80. 1852, ch. 176, sec. 2.

284. Whenever it shall appear after a jury is sworn on any
indictment, 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 errone-
ously 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 according
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 indictment so amended, unless oath shall be made by the
party or parties so charged that the said amendment or amend-
ments has or have disclosed a fact or facts to him heretofore
unknown, or that the immediate proceeding 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 indictment is submitted to the court without the intervention
of a jury, it shall be lawful for such amendment to be made as
aforesaid, and also to postpone the hearing of the said case for
such time as it shall determine to be necessary.

Hammond v. State, 14 Md. 147.