Legal Opinion

Asberry v. State

Alabama Court of Appeals

Decided June 23, 1931No. 4 Div. 781PublishedCited by 6 opinions

1Opinion of the CourtBrioken, P. J.

This appeal is upon the record only, there is no bill of exceptions.

The indictment contained three counts, and in each count thereof this appellant was designated by the name of Donie Mae Asberry, alias Donie Mae Sanford. This appellant interposed a plea of misnomer in which she alleged: “Her name is Donie Mae Porter and not Donie Mae Asberry, nor Donie Mae Sanford, as alleged in the indictment; and that she has not been known or called by the name of Donie Mae Asberry, nor Donie Mae Sanford since, and for some time prior to the time the indictment in this case was returned or prosecution was…

2Cases cited2 opinions

  1. Freeman v. PullenSupreme Court of Alabama · 1898
  2. Ruffin v. StateSupreme Court of Alabama · 1899

3Cited by6 opinions

  1. Flournoy v. StateAlabama Court of Appeals · 1948
  2. Johnson v. StateAlabama Court of Appeals · 1951
  3. Smelcher v. StateAlabama Court of Appeals · 1947
  4. Harger v. StateCourt of Criminal Appeals of Alabama · 1974
  5. Mann v. StateSupreme Court of Alabama · 1956

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