Bollin v. State

WALKER, Presiding Judge.

OPINION

The defendant, Maxie Bollin, was convicted of burglary in the third degree and of being an habitual criminal. He was sentenced to life imprisonment.

In this appeal in the nature of a writ of error, he says that the court erred in failing to sustain his plea of misnomer. This unsworn plea seeks dismissal of the indictment on the ground that its first count refers to the defendant as Maxie Bolin and the second count lists convictions of a person under the name of Maxie Bollin. No proof was taken on the plea. We think the’ names “Bolin” and “Bollin” are idem sonans…