(b) A matter of form or substance in an indictment or information may also be amended after the trial on the merits commences if the defendant does not object.
(c) An indictment or information may not be amended over the defendant's objection as to form or substance if the amended indictment or information charges the defendant with an additional or different offense or if the substantial rights of the defendant are prejudiced.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1985, 69th Leg., ch. 577, Sec. 1, eff. Dec. 1, 1985.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 28 - Motions, Pleadings and Exceptions
Article 28.02. Order of Argument
Article 28.03. Process for Testimony on Pleadings
Article 28.04. Quashing Charge in Misdemeanor
Article 28.05. Quashing Indictment in Felony
Article 28.06. Shall Be Fully Discharged, When
Article 28.061. Discharge for Delay
Article 28.07. If Exception Is That No Offense Is Charged
Article 28.08. When Defendant Is Held by Order of Court
Article 28.09. Exception on Account of Form or Substance
Article 28.10. Amendment of Indictment or Information
Article 28.12. Exception and Trial of Special Pleas