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SECTION 1. Re it enacted by the General Assembly
of Maryland, That whenever the misnomer of any de-
fendant or defendants is pleaded in abatement, to any
indictment in any of the Courts of this State, having
criminal jurisdiction, it shall and may be lawful for the
Slate's Attorney prosecuting the same, or other persons
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 parly
or parties, as disclosed in the said plea or pleas of abate-
ment as aforesaid; and it shall be the duty of the Clerk
of the Court to endorse the amendment or amendments
so made upon the said indictment, and to enter the said
case upon the docket of the Court, according to the
true name or names of the parly or parlies so indicted.
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State's at-
torney may
amend indict-
ment.
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SEC. 2. And be it enacted, That whenever it shall
appear after jury 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 or defendants, have been
erroneously set forth in the said indictment, it shall and
may be lawful for the State's Attorney, or person prose-
cuting 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 or
affirmation should be made by the parly or parties so
charged, that the said amendment or amendments has
or have disclosed a fact or facts to him, her or them,
heretofore unknown, or that the immediate proceeding
with the trial of the said indictment would tend to his,
her or their prejudice; and in such case, it shall be the
duty of the said Court, before which said indictment
shall be pending, to discharge the jury sworn in the
said case of the said indictment without a verdict, and
to postpone the trial thereof for such reasonable time as
the said Court shall determine to be necessary; or in
case the said indictment is submitted to the Court,
without the intervention of a jury, it shall and may be
lawful for such amendment to be made as aforesaid,
and for the Court, also, to postpone the heating of the
said case for such time as it shall determine to be neces-
sary.
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Indictment
may be
amended after
jury sworn.
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