Dillard v. State
Supreme Court of Alabama
Appeal from the County Court of Coffee. Tried before five Hoñ. John M. Loelin. The appellant in this case was prosecuted and convicted of ihe offense of using obscene or insulting language in the presence of females. The prosecution was commeuced by a, complaint and a warrant issued there-' on. In the complaint or affidavit, the defendant was desi gnated as “J. M. Dillard.”
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Appeal from the County Court of Coffee. Tried before five Hoñ. John M. Loelin. The appellant in this case was prosecuted and convicted of ihe offense of using obscene or insulting language in the presence of females. The prosecution was commeuced by a, complaint and a warrant issued there-' on. In the complaint or affidavit, the defendant was desi gnated as “J. M. Dillard.” The defendant filed a plea of misnomer, in which he set up that he was “known in his community as Jim Dillard and not as J. M. Dillard.” Upon the hearing of .the evidence of this plea, the plea was sustained, and thereupon…
1Opinion of the CourtTyson, J.
It appears by the record that the defendant was proceeded against upon an affidavit made before one Jernigan, a justice of the peace, charging him with the offense of using obscene or insulting language in the presence of females (§ 4306 of Code), upon which a warrant was issued returnable to the county court. In answer to this prosecution he appeared and interposed a plea of misnomer which, upon a hearing of the evidence, was sustained by the court. Thereupon another affidavit was made before the clerk of the circuit court charging him, by his correct name, with the same offense, to which he…
2Cited by5 opinions
- Crawley v. StateAlabama Court of Appeals · 1916
- Lemley v. StateAlabama Court of Appeals · 1931
- Seay v. StateAlabama Court of Appeals · 1944
- State v. ChapmanSupreme Judicial Court of Maine · 1958
- Greene v. StateSupreme Court of Alabama · 1903