Axelrod v. State
Alabama Court of Appeals
Assault and Battery, Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. A. Axelrod, etc., was convicted of assault ivith a weapon, and lie appeals. Tbe indictment charges that “A. Axelrod, alias E. Axelrod, whose Christian name is to the grand jury unknown, unlawfully, and with malice aforethought, assaulted Walter Berry,” etc.
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Assault and Battery, Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. A. Axelrod, etc., was convicted of assault ivith a weapon, and lie appeals. Tbe indictment charges that “A. Axelrod, alias E. Axelrod, whose Christian name is to the grand jury unknown, unlawfully, and with malice aforethought, assaulted Walter Berry,” etc. The following charges were refused to the defendant: (17) “The good character of defendant remains with yon until you find him guilty beyond all reasonable doubt, or acquit him, as the case may be.” (18) “The good character of defendant must be…
1Opinion of the CourtThomas, J.
An indictment must name the defendant whom it is intended to charge with the offense therein alleged, and an omission in this regard will make the indictment bad. Initials are not sufficient.— Gerrish v. State, 53 Ala. 476; Haley v. State, 63 Ala. 83; Washington v. State, 68 Ala. 85. The object of the re quirement of the law in this particular is to safeguard what with us has risen to the dignity of a constitutional right — “that no person shall for the same offense be twice put in jeopardy of life or limb.”- — Const, of Ala. *631901, § 9. A compliance in the indictment with the requirement…
2Cases cited13 opinions
- Childress v. StateSupreme Court of Alabama · 1888
- Duvall v. StateSupreme Court of Alabama · 1879
- Linnehan v. StateSupreme Court of Alabama · 1898
- Terry v. StateSupreme Court of Alabama · 1897
- James v. StateSupreme Court of Alabama · 1896
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3Cited by13 opinions
- Oliveri v. StateAlabama Court of Appeals · 1915
- Crow v. StateAlabama Court of Appeals · 1937
- Smith v. StateAlabama Court of Appeals · 1915
- Du Bose v. StateAlabama Court of Appeals · 1924
- Ware v. StateAlabama Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.