Brown v. State

DAVIDSON, Presiding Judge.

The indictment alleges an assault to murder by appellant upon Isabella Applewhite. The alleged injured party, by reason of being an unpardoned ex-convict, was not permitted to testify. The witness Harper (only witness in the case) testified he did not know the name of the injured party, and there is no evidence in the record as. to what her name was or is. It is necessary that the indictment allege the name of the injured party, or that it is unknown, and the evidence offered must correspond with the allegation. Young v. State, 30 Texas Crim. App., 308.

A bill of…