Tyson v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for theft by taking. His sole enumeration of error is: "The Trial Judge erred in overruling the motion to dismiss on the grounds that defendant had no opportunity to face his accuser, a right guaranteed to every accused by the Sixth Amendment of the Constitution of the United States of America.” The defendant’s motion was made after the jury was empanelled. Held:

The defendant urges that since the indictment lists "James Lee Stewart” as prosecutor and there is no such person, he is deprived of his constitutional right. The…