Section 200.70. Indictment; amendment of

1. At any time before or during trial, the court may, upon application
  of  the  people  and  with notice to the defendant and opportunity to be
  heard, order the amendment of an indictment  with  respect  to  defects,
  errors  or  variances  from the proof relating to matters of form, time,
  place, names of persons and the like, when such an  amendment  does  not
  change  the  theory  or  theories of the prosecution as reflected in the
  evidence before the grand jury which filed such indictment, or otherwise
  tend to prejudice the defendant on  the  merits.  Where  the  accusatory
  instrument  is  a  superior  court information, such an amendment may be
  made when it does not tend to prejudice the  defendant  on  the  merits.
  Upon  permitting  such an amendment, the court must, upon application of
  the defendant, order any adjournment of the proceedings  which  may,  by
  reason  of such amendment, be necessary to accord the defendant adequate
  opportunity to prepare his defense.
    2.  An indictment may not be amended in any respect which changes  the
  theory  or  theories  of  the  prosecution  as reflected in the evidence
  before the grand jury which filed it; nor may an indictment or  superior
  court information be amended for the purpose of curing:
    (a)  A failure thereof to charge or state an offense; or
    (b)  Legal insufficiency of the factual allegations; or
    (c)  A misjoinder of offenses; or
    (d)  A misjoinder of defendants.