#### S. Thomas *v.*The State.

1. An Indictment is not vitiated by bad spelling.

2. Indictment.—Being indicted for theft of a “gilding of bay color,” the accused moved to quash the indictment on the ground, substantially, that there is no such thing or property as a *gilding.*But *held,*that the meaning is plain, and the accused could not have been misled by such a mistake in the spelling of the word *gelding.*

Appeal from the District Court of Freestone. Tried below before the Hon. D. M. Prendergast.

The opinion states the case.

*W. B. Robinson,*for the appellant.

It has often been decided that the court cannot supply an omitted word, even if omitted by inadvertence ; and, by a parity of reasoning, it cannot substitute one letter for another. *The State*v. *Huston,*12 Texas, 245*; The State*v. *Williams,*14 Texas, 126; *The State*v. *Hutchinson,*26 Texas, *111; The State*v. *Dougherty,*30 Texas, 360*; Sparks*v. *The State,*35 Texas, 349; *The State*v. *Davidson,*36 Texas, 325; *Castello*v. *The State,*35 Texas, 393; *Long*v. *The State,*34 Texas, 566. A case reported in 49th Alabama quashes an indictment which spells malice *maice. Brown*v. *Marqueze,*30 Texas, 77. In *The State*v. *Williamson,*43 Texas, 500, the court decided that the omission of a single syllable would be fatal on a motion to quash. Gilding is not gelding, nor *idem sonans.*Bad spelling will vitiate an indictment if the meaning is thereby changed. *Earp*v. *The State,*41 Texas, 487; *The State v. Wimberly,*3 McCord, 190.

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      *H. H. Boone,*Attorney General, and *W. B. Dunham,*for the State.

White, J.

The principal point relied upon by appellant in this case is that the word gelding in the indictment is spelled with an “ i,” instead of an “ e,” which makes the animal stolen a gilding, instead of a gelding; and it is contended that there is no such offense known to the laws of" this state as theft of a gilding. A reference to Mr. Webster’s Unabridged Dictionary shows the noun *gelding,*as. used in our language, to be synonymous with the word *gilding*as used in the Danish language, and, in all probability, its meaning was derived from that word, which signifies a castrated animal, rather than from the word *gelding,*which is of Icelandish origin; and means castration.

The judge presiding in the lower court, modifying the-defendant’s bill of exceptions" with reference to this matter, says : “ The indictment showed a dot over the second letter-in the word ‘ gelding,’ but it did not appear whether it was placed there by accident, or intentionally, or whether it was a mere blot.” We think there can be no mistake- as to-what the grand jury meant when they .said that a gilding of" a bay color was stolen, and we scarcely think the defendant could have.been misled as to what he was called upon to-answer. Bad spelling does not vitiate an indictment, even if the grand, jury had spelled gelding with an “ i.” *The State*v. *Earp,*41 Texas, 487.

The other objections complained of are on a par with the-one that we have already noticed, and may be characterized, as hypercritical. We see no error in the conduct of the-trial in the lower court, and, the evidence being entirely sufficient to warrant the verdict and judgment, the same are-in all things affirmed.

*Affirmed.*