Plumley v. State

Citations

• 8 Tex. Ct. App. 529

Syllabus

<p>1. Practice in the Court oe Appeals. — This court will not revise the action of the lower court in overruling an application for a continuance, unless the point has been saved by a bill of exceptions duly taken.</p> <p>2. Amendment ot Indictment. — Defendant, being arraigned under an indictment charging Bud P., J. B., and A. J. R. with theft of a cow, pleaded in abatement of the indictment that his name was Perry B. P., and was not Bud P., J. B., or A. J. E. The court ordered the indictment to he so-amended as to give his true name, and the case to proceed. Held, to be correct practice, and specifically authorized by art. 513 of the Revised Code of Criminal Procedure.</p> <p>3. Verdict. — On trial of Perry B. P. under an indictment for theft, the verdict of the jury found “the defendant Bud P.” guilty. Judgment was entered against Perry B. P. Held, that, as it appeared from the whole record of the case that the defendant was generally called Bud P., and there being no question as to the identity of the party, the verdict was not vitiated by the misstatement of the name after the word defendant.</p>