# Brown v. State

> Court of Criminal Appeals of Texas · December 13, 1961 · 171 Tex. Crim. 692

URL: https://www.frixlaw.com/law-library/cases/9681390

## Case

- **Full name:** Cecil Lester Brown v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 13, 1961
- **Citations:** 171 Tex. Crim. 692; 353 S.W.2d 425; 1961 Tex. Crim. App. LEXIS 4575
- **Precedential status:** Published
- **Opinion:** On rehearing by Dice
- **Judges:** McDonald, Dice
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9681390

## Opinion text

ON MOTION FOR REHEARING
DICE, Judge.
Appellant again urges as reversible error that the prosecutrix was not sworn as a witness in the case. As pointed out in our original opinion, the record reflects that the witness was duly sworn and the question was first raised by appellant in his motion for new trial. It is the rule that after a verdict has been given, it is too late to complain for the first time, that a witness was not sworn. 1 Branch’s Ann. P.C. 2d Ed., sec. 370, p. 392; Spriggs v. State, 163 Tex. Cr. R. 167 , 289 S.W. 2d 272 .
*701 While the issue as to the name of the prosecutrix was not properly raised by appellant, we have again reviewed the record and remain convinced that her name, alleged in the indictment as Dora Ybarra, was shown to be the name by which she was known and no variance exists between the pleading and proof with reference to her name.
We have also again considered appellant’s complaint to the argument of state’s counsel and find no reversible error therein.
The motion for rehearing is overruled.
Opinion approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9681390. Public record. Not legal advice.