Neiderluck v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. . Tried below before the Hon. George H. Noonan. The conviction in this case was had upon an indictment which charged the appellant with the theft of twenty-five hundred dollars in money, the property of E. S. Woods, in Bexar county, Texas, on the nineteenth day of January, 1885. A term of two years in the penitentiary was assessed against the appellant as punishment. ■ E. S. Wood was the first witness for the State.
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Appeal from the District Court of Bexar. . Tried below before the Hon. George H. Noonan. The conviction in this case was had upon an indictment which charged the appellant with the theft of twenty-five hundred dollars in money, the property of E. S. Woods, in Bexar county, Texas, on the nineteenth day of January, 1885. A term of two years in the penitentiary was assessed against the appellant as punishment. ■ E. S. Wood was the first witness for the State. He testified that in January, 1885, he was doing business on the Main plaza, San Antonio, Texas. Witness knew the defendant as William…
1Opinion of the Court
Hurt, Judge.
Appellant was convicted of theft of money, the property of E. S. Woods. The indictment alleges that the money was taken from the possession of, and belonged to E. S. Woods. The proof shows that it was the property of E. S. Wood. Is this a variance? Are the names “Wood” and “Woods” idem sonans?
In Parchman v. The State, 2 Texas Court of Appeals, 228, it is held that “Frank” and “Franks” are neither the same name nor idem sonans. “Thompsons” and “ Thompson,” and “ Richards” and “Richard” are held not to be idem sonans. See also examples given by Mr. Wharton in the first volume,…
2Cited by5 opinions
- Lindley v. StateCourt of Criminal Appeals of Texas · 1982
- Howley v. State, Texas Court of Appeals, 1st District (Houston)1997
- Anderson v. StateCourt of Criminal Appeals of Texas · 1972
- Dorsey v. State, Texas Court of Appeals, 5th District (Dallas)1996
- Jones v. StateCourt of Criminal Appeals of Texas · 1930