State v. Evans

The accused was tried on a charge of murder, was convicted of manslaughter, and sentenced to the penitentiary for five years, and he has appealed.

[1] When the case came on to be tried, but before the trial had begun, the state moved to change the name of the person killed from W. E. Dodson to W. C. Dodson, and thereafter the accused was not rearraigned. This failure to rearraign is made the ground of an assignment of error in this court. R. S. § 1047, expressly authorizes such a change in a name to be made, and directs that:

“After * * * such amendment the trial shall proceed, * * * in the…