Diggs v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this case was in the following words : — “ The-grand jury of said county charge that, before the finding of this indictment, one J. Sheppherd Diggs was the solic-. itor of Dallas County, duly appointed and qualified to perform all the duties of said office, and duly assigned to attend before the grand jury of said county, to examine witnesses brought before such grand jury, and…
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Appeal from the Criminal Court of Dallas. Tried before the Hon. Geo. H. Craig. The indictment in this case was in the following words : — “ The-grand jury of said county charge that, before the finding of this indictment, one J. Sheppherd Diggs was the solic-. itor of Dallas County, duly appointed and qualified to perform all the duties of said office, and duly assigned to attend before the grand jury of said county, to examine witnesses brought before such grand jury, and to give to such grand jury legal advice as to any matter or matters connected with their duties, and to give to such…
1Opinion of the CourtBrickell, J.
— A defendant must be indicted by his true name, or by the name by which he is generally known and called. If neither of these was known, at common law he was indictable as a person whose name was unknown to the grand jury, accompanied with some averment of fact identifying him. The statute now changes this rule of the common law, so far as the averment of a fact identifying the accused was necessary. R. C. § 4113. The identity of the person charged, and of the person arraigned to answer, is the requisition and object of the laws. Hence it follows, the accused, when his name is not unknown,…
2Cases cited15 opinions
- McCravey v. RemsonSupreme Court of Alabama · 1851
- Edmundson v. StateSupreme Court of Alabama · 1850
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Pool v. DeversSupreme Court of Alabama · 1857
- Heath v. StateSupreme Court of Alabama · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- State v. PoulinSupreme Judicial Court of Maine · 1909
- People v. LeonardCalifornia Supreme Court · 1895
- Smith v. StateAlabama Court of Appeals · 1913
- Slayton v. StateSupreme Court of Alabama · 1937
18 more not listed; retrieve them via the Exa API.