Delphino v. State

Citations

• 11 Tex. Ct. App. 30

Syllabus

<p>1. Continuance — Practice in this Court.— Refusal of a continuance will not be revised on appeal unless the transcript brings up a bill of exceptions duly reserved.</p> <p>2. Misnomer.—A middle name or initial is not recognized by law, nor is its omission or misrecital a matter of any legal significance, unless it appears that injury resulted therefrom to a different person than the one intended.</p> <p>3. Same—Variance.—Indictment for theft alleged the stolen animals to be the property of F. A. Fater; but the proof showed that the middle initial of the owner’s name was R. Held, not a variance, but a discrepancy of no legal significance.</p>