Ohio § 2941.30

§ 2941.30.

The court may at any time before, during, or after a trial amend the indictment, information,

or bill of particulars, in respect to any defect, imperfection, or omission in form

or substance, or of any variance with the evidence, provided no change is made in

the name or identity of the crime charged.  If any amendment is made to the substance of the indictment or information or to

cure a variance between the indictment or information and the proof, the accused is

entitled to a discharge of the jury on his motion, if a jury has been impaneled, and

to a reasonable continuance of the cause, unless it clearly appears from the whole

proceedings that he has not been misled or prejudiced by the defect or variance in

respect to which the amendment is made, or that his rights will be fully protected

by proceeding with the trial, or by a postponement thereof to a later day with the

same or another jury.  In case a jury is discharged from further consideration of a case under this section,

the accused was not in jeopardy.  No action of the court in refusing a continuance or postponement under this section

is reviewable except after motion to and refusal by the trial court to grant a new

trial therefor, and no appeal based upon such action of the court shall be sustained,

nor reversal had, unless from consideration of the whole proceedings, the reviewing

court finds that the accused was prejudiced in his defense or that a failure of justice

resulted.