Neiderluck v. State

Citations

• 21 Tex. Ct. App. 320
• 17 S.W. 467
• 1886 Tex. Crim. App. LEXIS 139

Syllabus

<p>1. Variance—Idem Sonans.—The indictment alleges the name of the injured party as E. S. Woods. The proof establishes the name to be E. S. Wood. Reid, that “Wood” and “Woods” are neither the same name nor idem, sonans, and that the variance is fatal.</p> <p>3. Evidence.—Confessions made in custody, whether the custody is for the charge on trial or for another and distinct charge, are inadmissible against an accused, unless he was duly cautioned as the law directs, or his statements, found to be true, conduced to establish his guilt of the crime imputed to him.</p>