O'Brien v. State
Supreme Court of Alabama
From the City Court of Anniston. Tried before the Hon. B. F. Cassady. ■The indictment in this case charged, “that W. P. O’Brien, whose Christian name is to the grand jury unknown, sold spirituous, vinous, or malt liquors, without a license and contrary to law.” The record does not show that any demurrer, or other objection, was interposed to the indictment; and the judgment-entry recites that the defendant pleaded not guilty.
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From the City Court of Anniston. Tried before the Hon. B. F. Cassady. ■The indictment in this case charged, “that W. P. O’Brien, whose Christian name is to the grand jury unknown, sold spirituous, vinous, or malt liquors, without a license and contrary to law.” The record does not show that any demurrer, or other objection, was interposed to the indictment; and the judgment-entry recites that the defendant pleaded not guilty. But the defendant’s pleas, as set out in the record, were: “(1) that the offense charged, and for which he is now put on trial, was, to-wit, on the 16th January, 1890,…
1Opinion of the CourtColeman, J.
Objection is made to the form of the indictment, in that it charges “that W. P. O’Brien, whose christian name is to the grand jury unknown,” &c. It is very clear, that the grand jury used the letters “W. P.” as initial letters of a name, and not as a name. The use of the words-immediately thereafter, “whose Christian name is unknown,” is conclusive of this question. It is an averment by the grand jury that the defendant has a Christian name, not expressed, by the letters used, but which to the grand jury Avas unknown.. This ruling is entirely consistent Avith the case of Jones v. State, 63…
2Cases cited5 opinions
- Moore v. StateSupreme Court of Alabama · 1882
- Hurst v. StateSupreme Court of Alabama · 1888
- Elam v. StateSupreme Court of Alabama · 1855
- Gerrish v. StateSupreme Court of Alabama · 1875
- Walker v. StateSupreme Court of Alabama · 1878
3Cited by21 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Moran v. City of AtlantaSupreme Court of Georgia · 1898
- McVay v. StateSupreme Court of Alabama · 1893
- Bullington v. StateAlabama Court of Appeals · 1915
- Reeder v. StateSupreme Court of Alabama · 1923
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