Clements v. State
Court of Civil Appeals of Texas
Clements v. State, 21 Tex. Ct. App. 258 (1886)
17 S.W. 156; 1886 Tex. Crim. App. LEXIS 129
White
Clements v. State
Opinion of the Court
The complaint and information upon which the appellant was tried both named the party intended to be prosecuted as “ Clements Turner.” The evidence, verdict, and judgment are against “ Turner Clements.” There is nothing in the record to identify Clements Turner, the party prosecuted, with the appellant, who was convicted under the name of Turner Clements. The variance as presented in the record appears to be fatal.
We are furthermore of the opinion that the evidence wholly fails to support the verdict and judgment. The judgment is therefore reversed and the cause remanded.
Beversed and remanded.
Reference
- Full Case Name
- Turner Clements v. State
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Variance.—The complaint and information impleaded “Clements Turner.” The evidence names, and the verdict and judgment condemn, “Turner Clements.” The record fails to identify the party prosecuted as Clements Turner as this appellant who was convicted as Turner Clements. Held, that the variance is fatal. 3. Malicious Mischief—Pact Case.—See the statement of the case for evidence held insufficient to support a conviction for unlawfully and wilfully causing stock to go upon the enclosed land of another.