Rothschild v. State
Court of Appeals of Texas
Appeal from the District Court of Harrison". Tried below before the Hon. A. J. Booty. The indictment charged that the appellant, on January 21, 1877, in the county of Marion, did with a pistol and of express malice aforethought kill and murder a “ certain white woman whose Christian and surname is to the grand jurors aforesaid unknown, but whom the grand jurors aforesaid do name and call Bessie Rothschild, alias Bessie Moore, alias Diamond Bessie.”
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Appeal from the District Court of Harrison". Tried below before the Hon. A. J. Booty. The indictment charged that the appellant, on January 21, 1877, in the county of Marion, did with a pistol and of express malice aforethought kill and murder a “ certain white woman whose Christian and surname is to the grand jurors aforesaid unknown, but whom the grand jurors aforesaid do name and call Bessie Rothschild, alias Bessie Moore, alias Diamond Bessie.” The venue was changed from Marion to Harrison County, where, in December, 1878, a trial was had, which consumed the better part of the month and…
1Opinion of the CourtClark, J.
An elaborate review of the authorities as to the question of variance between the allegation and proof as respects the name of the deceased is not deemed essential to a proper determination of that question. In the well-considered case of Jorasco v. The State, many of these authorities are collated, and the principle deduced that where the-name of a third person is necessary to be stated in an indictment, and upon the trial it is apparent that such name was known, and could have been ascertained by the grand jury without any difficulty, the action of the grand jury in alleging that the name…
2Cases cited22 opinions
- People v. MatherNew York Supreme Court · 1830
- Burrell v. StateTexas Supreme Court · 1857
- Johnson v. StateTexas Supreme Court · 1865
- State v. ElkinsSupreme Court of Missouri · 1876
- Calvin v. StateTexas Supreme Court · 1860
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