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was sustained, but the court say further: “It is fitting and appropriate that prosecutions for the violation of criminal laws of this state should be carried on in the name of the government.” We think the case tends to sustain the position of defendant’s counsel. See Sain v. State, 14 Tex. App. 144; note to 10 Amer. & Eng. Enc. Law, p. 708; Jefferson v. State, 24 Tex. App. 535,78. W. Rep. 244; Hay v. People, 59 Ill. 94; Gould v. People, 89 Ill. 216; Calvert v. State, 8 Tex. App. 538; Donnelly v. People; 11 Tll.'552. The omission in the information could, before trial, on leave of court, have been readily supplied by amendment, (10 Amer. & Eng. Enc. Law, p. 709) but nothing appears in the record showing that leave to amend was asked by the prosecutor. We are aware that the caption. or commencement of indictments and informations is merely preliminary and formal, and not a part of the accusation proper, and hence courts have gone a great length in construing such formal parts, and have uniformly held that informalities and omissions in them are curable by amendment, and comparatively of small account, inasmuch as they cannot prejudice the substantial rights of the accused upon the merits. But in the case at bar the omission to state, either directly in the information or indirectly by means of entitling it in an action, that the prosecution of the case is carried on in the name of the state and by its authority, is nothing less than a plain violation of the explicit mandate of the state constitution. It may be that the requirement is formal and arbitrary, and that to disregard it would not prejudice the defendant in his substantial rights; but we do not feel at liberty to completely ignore any provision of the organic law. On the contrary, our duty is to give effect to all of its terms. Our conclusion is that the information in this case is invalid, because it does not conform to the requirements of the state constitution. An indictment, moreover, is required, among other things, to contain the title of the action specifying “the names of the parties.” § 213, Code Crim. Proc.; § 7241, Comp. Laws. Informations are to be tested, as near as may be, by the statutes regulating indictments. Chapter 71, Laws 1890.