Pancho v. State

Court of Appeals of Texas

Pancho v. State

8 S.W. 476, 25 Tex. Ct. App. 402, 1888 Tex. Crim. App. LEXIS 70

CourtCourt of Appeals of Texas

DecidedMay 5, 1888

DocketNo. 5906

StatusPublished

Cited by1 cases

This text of 8 S.W. 476 (Pancho 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

Pancho v. State, 8 S.W. 476, 25 Tex. Ct. App. 402, 1888 Tex. Crim. App. LEXIS 70 (Tex. Ct. App. 1888).

Pincite

Opinion

White, Presiding Judge.

In both the complaint and information in this case, the only allegation as to the name or description given of the accused, is “one Pancho.” One of the requisites of an information is “that it contains the name of0the person accused or (it) be stated that his name is unknown and give a reasonably accurate description of him.” (Code Crim. Proc., art. 430, subdivision 4.) A similarily substantial requisite is prescribed for indictments. (Code Crim. Proc., art. 420.) And it is further provided that “in alleging the name of the defendant, or of any other person necessary to be stated in an indictment, it shall be sufficient to state one or more of the initials of the Christian name and the surname.” (Code Crim. Proc., art. 425.) These provisions of the statute have been construed by this court notably in the case of “Victor, a Mexican,” 15 Texas Court of Appeals, 90, where that description of the accused was held insufficient. (See also Vandeveer v. The State, 21 Texas, 335; Brewer v. The State, 18 Texas Ct. App., 456.)

The complaint and information are fatally defective and the judgment is therefore reversed and the prosecution Is dismissed.

Reversed and dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

White, Presiding Judge.

In both the complaint and information in this case, the only allegation as to the name or description given of the accused, is “one Pancho.” One of the requisites of an information is “that it contains the name of0the person accused or (it) be stated that his name is unknown and give a reasonably accurate description of him.” (Code Crim. Proc., art. 430, subdivision 4.) A similarily substantial requisite is prescribed for indictments. (Code Crim. Proc., art. 420.) And it is further provided that “in alleging the name of the defendant, or of any other person necessary to be stated in an indictment, it shall be sufficient to state one or more of the initials of the Christian name and the surname.” (Code Crim. Proc., art. 425.) These provisions of the statute have been construed by this court notably in the case of “Victor, a Mexican,” 15 Texas Court of Appeals, 90, where that description of the accused was held insufficient. (See also Vandeveer v. The State, 21 Texas, 335; Brewer v. The State, 18 Texas Ct. App., 456.)

The complaint and information are fatally defective and the judgment is therefore reversed and the prosecution Is dismissed.

Reversed and dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

8 S.W. 476, 25 Tex. Ct. App. 402, 1888 Tex. Crim. App. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pancho-v-state-texapp-1888.

Opinion

Related

Cite This Page — Counsel Stack