Legal Opinion

Sanderson v. State

Alabama Court of Appeals

Decided December 14, 1937No. 6 Div. 175PublishedCited by 5 opinions

1Opinion of the Court

The indictment charged the defendant with murder in the second degree, in that, he unlawfully, and with malice aforethought killed William Holloway by shooting him with a gun, etc. The evidence, without conflict, disclosed that the dead man's true name was Woodie Holloway, but that he was sometimes called, and answered to the name of Will Holloway. The insistence is here made of a variance between the allagata and probata. The court ruled that Will and William were one and the same name. The evidence left no doubt as to the identity of the dead man.

The general rule, supported by almost…

2Cases cited11 opinions

  1. Smith v. StateSupreme Court of Alabama · 1889
  2. McKenzie v. StateAlabama Court of Appeals · 1923
  3. Reid v. StateSupreme Court of Alabama · 1910
  4. Thomas v. DesneySupreme Court of Iowa · 1881
  5. Rupert v. PennerNebraska Supreme Court · 1892

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3Cited by5 opinions

  1. Stockard v. StateCourt of Criminal Appeals of Alabama · 1979
  2. Tate v. StateCourt of Criminal Appeals of Alabama · 1976
  3. Brooks v. StateSupreme Court of Alabama · 1955
  4. Richardson v. StateAlabama Court of Appeals · 1966
  5. Sanderson v. StateSupreme Court of Alabama · 1938

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