Legal Opinion

Wells v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 22 opinions

From the Circuit Court of Marshall. Tried before the Hon. John B. Tally. The indictment in this case charged that “Babe Wells (whose true Christian name is to the grand jury unknown, otherwise than as stated) carried a pistol concealed about his person.” There was no demurrer to the indictment, and no plea in abatement, and issue was joined on the plea of not guilty.

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From the Circuit Court of Marshall. Tried before the Hon. John B. Tally. The indictment in this case charged that “Babe Wells (whose true Christian name is to the grand jury unknown, otherwise than as stated) carried a pistol concealed about his person.” There was no demurrer to the indictment, and no plea in abatement, and issue was joined on the plea of not guilty. On the trial, the prosecution introduced a single witness, who testified that the defendant, on proposing a visit to “ the mountain,” which the witness declined lest they might get into some trouble, pulled a pistol out of his…

1Opinion of the CourtMcCLELLAN, J.

The plea of not guilty was an admission that the name by which the defendant was indicted was his true name, and a waiver of the misnomer, if in fact the indictment was originally open to that objection, whether that advantage is sought to be taken of it on the trial, as by a request for an instruction on the point, or after verdict, by a motion in arrest of judgment. — Miller v. State, 54 Ala. 155. There was no self-repugnance, or inconsistency, in the allegations of the indictment as to the Christian name of the defendant. The most that can be affirmed of the language employed in this…

2Cases cited1 opinion

  1. Miller v. StateSupreme Court of Alabama · 1875

3Cited by22 opinions

  1. Brothers v. StateSupreme Court of Alabama · 1938
  2. Verberg v. StateSupreme Court of Alabama · 1902
  3. Welsh v. StateSupreme Court of Alabama · 1892
  4. James v. StateSupreme Court of Alabama · 1896
  5. Brooke v. StateSupreme Court of Alabama · 1908

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