Task: Wrong Candidate Generation
Input (English): to the merits of the ease” and the defendant must not be prejudiced in “his defense on the merits.” Id. The State may not seek amendments altering the material set of facts in the indictment or “materially alter(ing) a defense to the indictment ... to prejudice the defendant’s case.” Griffin v. State, 584 So.2d 1274, 1276 (Miss.1991) (Griffin II). The test for determining whether an amendment will prejudice the defendant’s case is “whether a defense as it originally stood would be equally available after the amendment is made.” Griffin v. State, 540 So.2d 17, 21 (Miss.1989) (Griffin I). Holmes argues that amending the indictment to a different charge is prejudicial and reversible error. Griffin v. State, 584 So.2d 1274, 1275 (Miss.1991); Shive v. State, 507 So.2d 898, 900 (Miss.1987) (<HOLDING>). Holmes’ defense, that the taking of property 
 Holding statements: (A) holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering  only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment (B) holding that the indictment was permissibly amended to change the description of a stolen watch (C) holding indictment may not be amended to change charge except by action of the grand jury because amendments can only go to form and not substance (D) holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury (E) holding that tribal courts are not subject to the fifth amendments requirement of indictment by grand jury
Output (English): holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury