Rasmussen v. State

The name of the complainant,'— who was the assaulted person, — • as signed to the complaint made before the justice, was A. L. Solomon; but in the reciting part of the complaint, as well as in the warrant, the name was stated to be Dayo Solomon. No objection was taken on the trial in the justice’s court to the variance between the name as stated in the complaint and warrant, and as sworn to by the complainant. The defendant was convicted of a simple assault before the justice and took an appeal. In the circuit court he moved to dismiss the complaint because of this variance in the name. The…