Legal Opinion

Thompson v. State

Court of Criminal Appeals of Texas

Decided April 6, 1960No. 31694PublishedCited by 7 opinions

1Opinion of the Court

DAVIDSON, Judge.

Kelly Robert Thompson was indicted under that name for the crime of felony theft. He was released upon a bail bond in the sum of $1000, which he signed as “Kelly R. Thompson”, with I. B. Shapiro and Mrs. I. B. Shapiro as sureties.

That bond was forfeited, and this is an appeal by the sureties from final judgment in the case.

It is insisted that there is a fatal variance between the bond, the judgment nisi, and the scire facias, because the name of Kelly R. Thompson appears rather than “Kelly Robert Thompson”.

The middle name or initial is not essential, and therefore no variance…

2Cases cited2 opinions

  1. Gould v. StateCourt of Criminal Appeals of Texas · 1923
  2. Wells v. StateCourt of Criminal Appeals of Texas · 1925

3Cited by7 opinions

  1. Austin v. StateCourt of Criminal Appeals of Texas · 1976
  2. McConathy v. StateCourt of Criminal Appeals of Texas · 1977
  3. Apodaca v. StateCourt of Criminal Appeals of Texas · 1973
  4. Cepeda v. StateCourt of Criminal Appeals of Texas · 1973
  5. Swaim v. StateCourt of Criminal Appeals of Texas · 1973

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