Burgamy v. State

Citations

• 4 Tex. Ct. App. 572

Syllabus

<p>Misnomer and Idem Sonans. — “Abie” and “Avie” are neither the same name nor idem, sonans. Hence, when an indictment charged an assault on. Miss “Abie” B., and the proof was that her true name was Oviezine B., but that her given name was sometimes called Ovie and sometimes Avie; the variance between the allegation and the proof was material, and the conviction cannot be sustained.</p>