Washington v. State
Supreme Court of Alabama
Appeal from Perry Circuit Court. Tried before Hon. George H. Craig. The first count of tbe indictment in this case, which was found at the Spring Term, 1880, of the Circuit Court of Perry, charged that “George Washington wilfully set fire to, 'or burned, a cotton house, which, with the cotton therein contained, was of the value of five hundred dollars, tbe property of Porter King.”
Read the full summary
Appeal from Perry Circuit Court. Tried before Hon. George H. Craig. The first count of tbe indictment in this case, which was found at the Spring Term, 1880, of the Circuit Court of Perry, charged that “George Washington wilfully set fire to, 'or burned, a cotton house, which, with the cotton therein contained, was of the value of five hundred dollars, tbe property of Porter King.” Tbe second count charged that “George Washington wilfully set fire to or burned a cotton bouse, the property of Porter King.” The defendant pleaded “that his name is, and always hath been from bis nativity, George…
1Opinion of the Court
BRIOKELL, 0. J.
The court is asked to reverse the judgment and sentence of conviction, upon two grounds; the first of which, as we understand it, is that the plea of misnomer, disclosing the real Christian and surname of the accused, and that George Washington is his Christian, and no part of his surname, the replication that he was as well known by the name of George Washington, as by the name of George Washington Iiolmes, his real Christian and surname, as averred in the plea, is not an answer to the plea; because there is no answer to the legal implication from the plea, that the indictment…
2Cases cited1 opinion
- Morningstar v. StateSupreme Court of Alabama · 1875
3Cited by11 opinions
- Bader v. StateIndiana Supreme Court · 1911
- Cook v. StateSupreme Court of Alabama · 1887
- Spear v. StateSupreme Court of Alabama · 1898
- Axelrod v. StateAlabama Court of Appeals · 1913
- Du Bose v. StateAlabama Court of Appeals · 1924
6 more not listed; retrieve them via the Exa API.