Rooks v. State

— The defendant is indicted by.the name of George Rooks. The plea in abatement for misnomer, which is based on the alleged fact that his name was George W. Rux, was stricken Lorn the file, on the ground that it was frivolous.

The proper practice is to demur to a defective plea of misnomer; but, where plea is so defective as to be clearly demurrable, and the court strikes it Lorn the files, no injury accrues to the defendant, and this court will not reverse, on *80the ground tbat tbe State was required.to raise tbe objection on demurrer.

A mistake in a middle name, .or its entire omission Horn an…