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Clements v. State

17 S.W. 156, 21 Tex. Ct. App. 258, 1886 Tex. Crim. App. LEXIS 129
CourtCourt of Appeals of Texas
DecidedMay 1, 1886
DocketNo. 3972
StatusPublished
Cited by4 cases

This text of 17 S.W. 156 (Clements v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clements v. State, 17 S.W. 156, 21 Tex. Ct. App. 258, 1886 Tex. Crim. App. LEXIS 129 (Tex. Ct. App. 1886).

Opinion

White, Presiding Judge.

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.

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Related

Arellano v. State
54 S.W.3d 391 (Court of Appeals of Texas, 2001)
Malone v. State
630 S.W.2d 920 (Court of Criminal Appeals of Texas, 1982)
Herrera v. State
623 S.W.2d 940 (Court of Criminal Appeals of Texas, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
17 S.W. 156, 21 Tex. Ct. App. 258, 1886 Tex. Crim. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-state-texapp-1886.