34 S.W. 958 | Tex. Crim. App. | 1896
Appellant was convicted of a burglary, and his punishment assessed at nine years in the penitentiary, and from the judgment of the lower court he prosecutes this appeal. The only question necessary to be considered by us is that raised by motion in arrest of judgment. The indictment charges "that Wilcox, whose given name is to the grand jury unknown," committed the offense, etc. Appellant insists: First, that this is not a sufficient allegation of the name of the accused, under our statutes and decisions; and, second, that under such allegation it was incumbent on the State to prove that the Christian or given name of the accused was unknown to the grand jury presenting the bill, and this was not done. Several cases are cited by appellant in support of his contention. It was held in Vandeveer's case,
Affirmed.