Harmon v. State

In Harmon v. State, 277 Ark. 265, 641 S.W.2d 21 (1982), the defendant was accused of capital felony murder with kidnapping as the underlying felony. On the day of the trial, the prosecutor amended the information to add robbery as an alternate felony. Id. at 269, 641 S.W.2d at 23. The Harmon court held that the nature of the charge was undoubtedly changed by the addition of robbery, because the defendant would be required to defend an essentially different charge of capital murder. Id. at 270, 641 S.W.2d at 24.