Morningstar v. State
Supreme Court of Alabama
Appeal from Circuit Court of Escambia. Tried before Hon. John K. Henry. The indictment in this case charged that Henry Morning-star “ feloniously took and carried away a large stick of square hewn timber, of the value of fifty dollars, the personal property of Mrs. George,” against the peace, &c.
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Appeal from Circuit Court of Escambia. Tried before Hon. John K. Henry. The indictment in this case charged that Henry Morning-star “ feloniously took and carried away a large stick of square hewn timber, of the value of fifty dollars, the personal property of Mrs. George,” against the peace, &c. The defendant interposed a demurrer on the following grounds: 1. “ The indictment does not set forth any offence with sufficient certainty. 2. It does not set forth the Christian name of Mrs. George, or aver that it is unknown to the grand jury.” The court having overruled the demurrer, defendant…
1Opinion of the CourtBrickell, C. J.
An indictment must of necessity be certain as to the person charged. The averment of his true name, or that by which he is usually known and called, sufficiently identifies the person, and is the mark of identifying and distinguishing him from all others. If the person charged is not correctly named, he can take advantage of the error only by a plea in abatement, denying the name imputed, and averring his true name. If he does not plead in abatement, he must plead in the name by which he is charged, and he thereby of record admits it as his name, and estops himself from disputing it in that…
2Cases cited2 opinions
- Bryant v. StateSupreme Court of Alabama · 1860
- Thompson v. StateSupreme Court of Alabama · 1872
3Cited by29 opinions
- Duvall v. StateSupreme Court of Alabama · 1879
- Parks v. StateAlabama Court of Appeals · 1925
- Knight v. StateSupreme Court of Alabama · 1907
- Johnson v. StateSupreme Court of Alabama · 1877
- Reeder v. StateSupreme Court of Alabama · 1923
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