Legal Opinion

Hart v. State

Texas Supreme Court

Decided July 1, 1873PublishedCited by 12 opinions

Appeal from Caldwell. Tried below before the Hon. Henry Maney. The facts appear in the opinion.

1Opinion of the CourtOgden, J.

The appellant in this case was indicted for an assault upon one Rolan Persons, with “intent to kill and murder the said Rolan Person.” We think the omission to add the final letter to the name of Persons in the closing part of the indictment not such a change in the name as would vitiate the indictment; particularly as the name was frequently used and correctly spelled in *383the former part of the indictment, and then, finally, the party assaulted was referred to as “the said Rolan Person.’’ There can be no doubt, from the language of the indictment, that the person charged to have been…

2Cited by12 opinions

  1. Scott v. PeopleIllinois Supreme Court · 1892
  2. Atkinson v. StateCourt of Criminal Appeals of Texas · 1895
  3. McNeal v. StateCourt of Criminal Appeals of Texas · 1980
  4. Robinson v. State, Texas Court of Appeals, 4th District (San Antonio)1982
  5. Broaddus v. CommonwealthSupreme Court of Virginia · 1919

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