Brandon v. State

The insistences of the state in its application for a rehearing cannot prevail and the application is overruled.

It was essential to the validity of the indictment, and in each count thereof, to aver not only the true and correct name of the accused, but also the official capacity in which he was acting at the time of the alleged embezzlement; and when so alleged such averments being essential ingredients of the offense, the state was under the burden to offer strict proof to sustain them as alleged in the indictment.

In every criminal case, there can be no doubt that it is the duty of the…