Malone v. State

The opinion of the Court finds nothing is presented for review because, in its view, the idem sonans issue is “raised for the first time on appeal.” But the rationale of opinions such as McKinney v. State, 149 Tex.Cr.R. 452, 195 S.W.2d 365 (1946) and Herrera v. State, 623 S.W.2d 940 (Tex.Cr.App.1981) dictates that the issue be considered.1

*923On original submission, a panel of the Court with one judge dissenting concluded that the name alleged — Powell Battle — was patently incapable of being sounded the same as the name of the complainant which was established by proof: Paul Battell. Holding the…