Clements v. State

Decided May 1, 1886

Court of Appeals of Texas · decided 1886-05-01

Tried below before the Hon. J. F. McKee, County Judge. The conviction in this case was for wilfully driving stock upon the enclosed land of another, and the penalty imposed was a fine of ten dollars. Dick Griffin was the first witness for the State. He testified that he owned a small tract of land adjoining Chailotte Herran’s land on the south, and defendant owned a small tract adjoining Charlotte Herran’s on the north.

Cited by 2 later decisions — most recently July 2001

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-05-01

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White, Presiding Judge.

¶1The 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.

¶2We 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.

¶3Beversed and remanded.