Taylor v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. The opinion states the case. The court erred in refusing the instruction asked for by the accused on the trial of the plea of misnomer. It is á man’s right to be tried by his real or right name.
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Appeal from the City Court of Mobile. Tried before Hon. C. F. Moulton. The opinion states the case. The court erred in refusing the instruction asked for by the accused on the trial of the plea of misnomer. It is á man’s right to be tried by his real or right name. The charge should have been given, because proof was conclusive that his name was Granville Taylor, and he was never known as Henry Taylor,, except upon the one occasion upon which it is alleged the offense of perjury was committed. If he committed perjury under the name of Henry Taylor, which was false and fictitious, he could…
1Opinion of the CourtPeck, C. J.
The indictment charges the appellant with the crime of perjuiy, on his examination in a proceeding for vagrancy, before a justice of ; the peace, against one Carrie M. Ward. The indictment is against him by the name of Henry Taylor, and he pleáded in abatement that his name was Granville Taylor, and not Henry Taylor, as charged in the indictment, nor had he ever been known by that name. The State took issue on said plea, and on the trial of said issue the State proved by a number of witnesses that they were present and heard the accused answer to the name of Henry Taylor; that he swore out…
2Cited by14 opinions
- Woods v. StateCourt of Criminal Appeals of Alabama · 1975
- White v. StateSupreme Court of Alabama · 1882
- Hereford v. PeopleIllinois Supreme Court · 1902
- Hutcherson v. StateCourt of Criminal Appeals of Texas · 1894
- Leonard v. StateSupreme Court of Alabama · 1880
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