Martin v. State

The indictment in this case mentioned the name of the accused as “Charlie Martin,” but appellant, Brady Martin, was arrested, arraigned and put on trial as the person accused, without any order of the court correcting the error. There was no objection made to the indictment by demurrer or other plea. The contention here is that the proof shows the correct name of appellant, and that he could not be convicted without an order of the court correcting the error in the name, under the statute which provides that error in the name of a defendant shall not vitiate an indictment, and that, “if his…