Givens v. State

DAVIDSON, Judge.

This is a conviction for the unlawful sale of whisky in a dry area, with punishment assessed at sixty days in jail and a fine of $300.

The complaint, as originally filed and upon which the information in this case was presented, alleged the name of the accused to be “Jack Ross.” The information followed that allegation.

The county attorney, over the objection of appellant, was by the trial court permitted to change the name of the accused in the complaint to “Jack Ross Givens.”

The rule is well-settled that the name of the defendant as stated in the complaint may not be changed…