Bright v. State
Supreme Court of Alabama
From the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The defendant in this case was indicted, by the name of Jasper B. Bright, for carrying concealed weapons ; and he filed a plea in abatement, duly verified by affidavit, as follows: “Now comes the defendant, Jasper B. Bright, as he is in said cause indicted and called, and says that his name is not now, nor ever was, Jasper B. Bright; and that he is not now, nor ever was, known or called by the name of…
Read the full summary
From the Circuit Court of St. Clair. Tried before the Hon. Leroy F. Box. The defendant in this case was indicted, by the name of Jasper B. Bright, for carrying concealed weapons ; and he filed a plea in abatement, duly verified by affidavit, as follows: “Now comes the defendant, Jasper B. Bright, as he is in said cause indicted and called, and says that his name is not now, nor ever was, Jasper B. Bright; and that he is not now, nor ever was, known or called by the name of Jasper B. Bright, but that his name is Robert Bright.” The judgment on this plea is in these words: “Comes the State,”…
1Opinion of the CourtSomerville, J.
— The plea in abatement, interposed to the indictment by the defendant, is insufficient as a plea of misnomer. It should not only aver what the defendant’s name is at the time of the issue joined, but that he has always, or at least has hitherto, been called and known by such name. It is common practice to state that the defendant was baptized by such name, if such be the fact, but this is not now deemed necessary. — 1 Bish. Or. Proc. (3d Ed.) §§ 792, 686; 2 Wharton’s Precedents, 1142.
The demurrer to the plea was properly sustained. The record fails to disclose the particular grounds upon…
2Cases cited4 opinions
- Ex parte KnightSupreme Court of Alabama · 1878
- Beavers v. HardieSupreme Court of Alabama · 1877
- Jarman v. McMahon's Adm'rSupreme Court of Alabama · 1861
- Powell v. AstenSupreme Court of Alabama · 1860
3Cited by7 opinions
- Freeman v. PullenSupreme Court of Alabama · 1898
- Markland v. AlbesSupreme Court of Alabama · 1886
- Sandlin v. Kennedy Stave & C. Co.Supreme Court of Alabama · 1910
- Nelson v. StateAlabama Court of Appeals · 1916
- United States v. JanesU.S. Circuit Court for the District of Southern California · 1896
2 more not listed; retrieve them via the Exa API.