Garlington v. State

GRAVES, Judge.

Appellant was charged with privately taking from the person of Jim Folley $100.00 in money, and under the verdict of the jury he was sentenced to serve two years in the penitentiary.

The testimony shows beyond controversy that the person who was thus deprived of his money was named Jim Foely and not Jim Folley. Proper motions were made and objections offered, and exceptions reserved to the failure of the allegation and proof to correspond. We are not impressed with the contention that Foely and Folley sound the same. We do not think the doctrine of idem sonans can be applied to…