Lovett v. State
Court of Appeals of Georgia
Indictment for assault with intent to murder; from Terrell sm perior court — Judge Worrill. February 10, 1911.
1Opinion of the CourtHill, C. J.
1. “Jerry Lovett” and “Jerry Levatte” are idem sonans. The question of idem sonans may be determined either by pronunciation, or by spelling, or by both. Roland v. State, 127 Ga. 402 (56 S. E. 412) ; Powell on Actions for Land, § 285.
2. Idem sonans is not an infallible test of identity, and the true and only issue is as to identity of person, and not identity of name. Chapman v. State, 18 Ga. 736. The evidence in this case identifying the accused as the person who shot the prosecutor is not clear or entirely satisfactory; but there is some evidence from which the jury might have reasonably…
2Cases cited5 opinions
- Gallery v. StateSupreme Court of Georgia · 1893
- Patterson v. StateSupreme Court of Georgia · 1890
- Chapman v. StateSupreme Court of Georgia · 1855
- Collier v. StateSupreme Court of Georgia · 1869
- Roland v. StateSupreme Court of Georgia · 1907
3Cited by22 opinions
- Gresham v. StateSupreme Court of Georgia · 1960
- Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
- Marchman v. THE STATECourt of Appeals of Georgia · 1973
- State v. MinousisUtah Supreme Court · 1924
- Watkins Co. v. SeawrightCourt of Appeals of Georgia · 1929
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