Alexander v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Northampton county : Of January Term 1884, No. 11. Indictment of Sabato Alexander, alias “ Jamie,” for the murder of Pietro Phillippe, alias “Peter.”
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Error to the Court of Oyer and Terminer of Northampton county : Of January Term 1884, No. 11. Indictment of Sabato Alexander, alias “ Jamie,” for the murder of Pietro Phillippe, alias “Peter.” The prisoner, when called for arraignment, pleaded in abatement that he was baptized by the name of Sabato D’Allessandro, and by that name has always since been called or known, and that be has never been called or known by the name of Sabato Alexander, or by the alias “Jamie,” as in the indictment mentioned. Replication and issue on the plea in abatement. A jury was thereupon sworn to try that issue. ‘…
1Opinion of the CourtJustice Trunkey
The defendant pleaded in abatement that he was baptized by the name of Sabato D’Allessandro, and by that name always since has been called or known. It was unnecessary to make the averment of his baptism, but having made it, the burden was on him to sustain it by proper evidence. He was permitted to give evidence that he had borne and used the name as if he had not alleged it was his baptismal name. The jury were instructed that it was incumbent upon the Commonwealth to satisfy them beyond a reasonable doubt that the real name of the defendant is that stated in the indictment; otherwise to…
2Cited by56 opinions
- Commonwealth v. BusanetSupreme Court of Pennsylvania · 2012
- Commonwealth v. GockleySupreme Court of Pennsylvania · 1963
- Commonwealth v. ColandroSupreme Court of Pennsylvania · 1911
- Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
- Commonwealth v. AmosSupreme Court of Pennsylvania · 1971
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