State v. Havely
Supreme Court of Missouri
Appeal from Cooper Circuit Court. There was no misnomer. The names in the indictment and plea are the same in sound. But, though different in sound, it would make no difference. The true question is, not whether the names differ in sound, but whether they are the same in derivation or common use. (1 Wash. C. C. R. 290. 2 N. Hamp. 558. 3 Ohitty’s Prac. 170. 13 Mo. Rep. 92. 14 Mo. Rep. 417.) 1. No writ of error lies. (R. C. 1845, tit.
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Appeal from Cooper Circuit Court. There was no misnomer. The names in the indictment and plea are the same in sound. But, though different in sound, it would make no difference. The true question is, not whether the names differ in sound, but whether they are the same in derivation or common use. (1 Wash. C. C. R. 290. 2 N. Hamp. 558. 3 Ohitty’s Prac. 170. 13 Mo. Rep. 92. 14 Mo. Rep. 417.) 1. No writ of error lies. (R. C. 1845, tit. “ Practice and Proceedings in Criminal Cases,” art. 8.) 2. The plea was good. There was a misnomer, both in the Christian and surname. There is as much difference…
1Opinion of the CourtRyland, Judge
Owens D. Havely was indicted at the March term, 1854, of the Cooper Circuit 'Court, by the name of Owen D. Haverly, for selling fermented and distilled liquor, to-wit: one quart of whisky, one quart of wine, one quart of ale, one quait of beer, on the first day of the week, commonly called Sunday, contrary, &e. He appealed, and pleaded the misnomer in abatement ; that he is named and called Owens D. Havely, and not Owen D. Haverly.
To the plea, the State demurred ; the Circuit Court overruled the demurrer, and the State not further answering, the court rendered judgment in favor of the…
2Cases cited1 opinion
- Wilkerson v. StateSupreme Court of Missouri · 1850
3Cited by7 opinions
- State v. ThompsonMontana Supreme Court · 1891
- Robson v. ThomasSupreme Court of Missouri · 1874
- State v. GriffieSupreme Court of Missouri · 1893
- Myers v. DeLisleSupreme Court of Missouri · 1914
- Mullins v. CommonwealthSupreme Court of Virginia · 1913
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