Goodwin v. State

delivered thcj opinion of the Court.

Defendant was convicted of unlawfully carrying a pistol. I-Ie first assigns as error the overruling of a plea of misnomer, his name correctly spelled being Walter Gooden, and he having been indicted as Walter Goodwin. It is well settled that a name need, not be correctly spelled in an indictment. Variant orthography is immaterial when substantially the same sound is preserved. This court has held that Ellett and Elliott are idem sonans; also Johnston and Johnson. Robertson v. Winchester, 85 Tenn., 171, 182, 1 S. W., 781; Truslow v. State, 95 Tenn., 189,…