Boren v. State
Court of Criminal Appeals of Texas
On a trial under an indictment charging him with the murder of Sid Nance, appellant was convicted of murder of the second degree, the punishment being assessed at imprisonment in the penitentiary for a term of ten years.
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On a trial under an indictment charging him with the murder of Sid Nance, appellant was convicted of murder of the second degree, the punishment being assessed at imprisonment in the penitentiary for a term of ten years. The indictment is as follows: “ In the name and by the authority of the State of Texas: The grand jurors for the county of Collin, State aforesaid, duly organized as such at the June Term, A. D. 1891, of the District Court for said county, upon their oaths in said court present, that Isreal Boren, on or about the 3rd day of April, 1891, in the county of Collin and State of…
1Opinion of the Court
HURT, Presiding Judge.
The name of the accused as stated in the indictment is “Isreal,” not “Israel,” Boren—Israel Boren being his true name. This being the case, counsel for appellant moved to quash the indictment. The motion to quash was overruled. The objections of counsel were, that the accused must be indicted before he can be tried for a felony; that the name of appellant being in fact Israel Boren, he could not be tried upon an indictment charging Isreal Boren with the murder; that such an indictment is not a charge against him; and that therefore he has never been indicted by a grand…
2Cited by14 opinions
- Christian v. StateCourt of Criminal Appeals of Texas · 1913
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
- State v. PruettNew Mexico Supreme Court · 1921
- Jones v. StateCourt of Criminal Appeals of Texas · 1911
- Coker v. StateCourt of Criminal Appeals of Texas · 1913
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