Milontree v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. C. L. Cleveland. This conviction is for murder in the second degree with the penalty-assessed at twenty-five years confinement in the penitentiary. The opinion states the case with reference to the question decided.
1Opinion of the Court
WHITE, Presiding Judge.
On a former day of this term we affirmed the judgment in this case in a memorandum opinion. At the time of reading the record we observed the fact that the name of the deceased as written in the statement of facts was different from the name of the deceased as alleged in the indictment and as presented in the charge of the court. Ho notice, however, of any character was taken by appellant to this supposed variance, nor was it complained of or brought to our attention in any way on the appeal as presented, either in the motion for a new trial or in the motion in arrest…
2Cases cited4 opinions
- Faver v. RobinsonTexas Supreme Court · 1876
- McRee v. BrownTexas Supreme Court · 1876
- Bell v. StateTexas Supreme Court · 1860
- Hardin v. StateTexas Supreme Court · 1861
3Cited by5 opinions
- McGinnis v. StateCourt of Criminal Appeals of Texas · 1935
- Short v. StateCourt of Criminal Appeals of Texas · 1924
- Ollison v. StateCourt of Criminal Appeals of Texas · 1929
- Malone v. StateCourt of Criminal Appeals of Texas · 1982
- Malone v. StateCourt of Criminal Appeals of Texas · 1982