South Carolina § 17-19-100 - Amendments of indictments; proceedings after amendment.
Full text of South Carolina South Carolina Code of Laws § 17-19-100 — Amendments of indictments; proceedings after amendment., with citation guidance and answers to common questions.
§ 17-19-100. Amendments of indictments; proceedings after amendment.
If (a) there be any defect in form in any indictments or (b) on the trial of any case there shall appear to be any variance between the allegations of the indictment and the evidence offered in proof thereof, the court before which the trial shall be had may amend the indictment (according to the proof, if the amendment be because of a variance) if such amendment does not change the nature of the offense charged. After such amendment the trial shall proceed in all respects and with the same consequences as if the indictment had originally been returned as so amended, unless such amendment shall operate as a surprise to the defendant, in which case the defendant shall be entitled, upon demand, to a continuance of the cause.
HISTORY: 1962 Code SECTION 17-410; 1952 Code SECTION 17-410; 1942 Code SECTION 1005; 1932 Code SECTION 1005; Cr. P. '22 SECTION 91; Cr. C. '12 SECTION 85; Cr. C. '02 SECTION 58; R. S. 57; 1887 (19) 829.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 17-19-100
What does South Carolina Code of Laws § 17-19-100 cover?
Section 17-19-100 ("Amendments of indictments; proceedings after amendment.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 17-19-100?
A common citation format is "South Carolina Code of Laws § 17-19-100" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 17-19-100 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.