Cerda v. State

HURT, Presiding Judge.

This is a conviction for theft of a horse, with the penalty fixed at ten years in the penitentiary. In the indictment it was alleged that the name of the owner of the stolen animal was “P. Cortez.” Cortez testified, that he spelled his first name “Felipe.” “I am a Mexican. I am known by the name of Phillip, which is in the American language the same as Felipe, which is a Mexican name. Either name is proper, for they are the same.” Upon the subject of variance between the name charged and that proven, the trial court instructed the jury: “If you believe from the evidence…