Willis v. State

Citations

• 24 Tex. Ct. App. 487
• 6 S.W. 200
• 1887 Tex. Crim. App. LEXIS 227

Syllabus

<p>Theft—Practice—Ownership—Evidence—Charge of the Court.— It devolves upon the State, in a prosecution for theft, to prove the name of the owner of the alleged stolen property as it is allege! in the indictment. The given name may be alleged by initials; and, though a variance between the middle initial as alleged and as proved will be immaterial, a variance as to the first initial letter of the given name will be fatal, unless it be proved that the owner was known as well by the .name alleged as by the name proved. The indictment alleged the name of the owner in this case to be N. J. S., and the proof showed the name to be M. J. S. The trial court charged, in substance, that if the jury believed M. J. S. to be the person named in the indictment as N. J. S., the proof of ownership would be sufficient. Held, erroneous.</p>