Garlington v. State

ON MOTION FOR REHEARING.

KRUEGER, Judge.

The State has filed a motion for rehearing in which it seriously contends that we erred in holding that the names of “Foely” and “Folley” not to be idem sonans. If the names, when pronounced, sound alike, then the State’s contention is correct; if not, then its contention cannot be sustained. If we split the names as if they were composed of two syllables, then we perceive more readily the difference in the sound, namely: “Foe-ly” has the sound of a long “o” as in “foe” and “hoe,” while “Fol-ley” has the sound of the short “o” as in “holly” and “dolly.”…