Sartain v. State

I must respectfully dissent from the majority’s thoughtful opinion because I cannot agree that the State is not bound by its indictment or information in determining the sufficiency of the evidence. The majority holds that the evidence is sufficient to prove that Cleat Bell and J. Bell are the same person because the State referred to the officer as J. Bell, even though the witness/complainant testified that his name was Cleat Bell.

“Everything should be stated in an indictment which is necessary to be proved.” 1 The rules with respect to allegations in an indictment and the certainty required…