Thomas v. State
Alabama Court of Appeals
Appeal from Jefferson Criminal Court. Heard before Hon. Samuel E. Greene. Arthur Thomas was convicted of carrying concealed weapons, and he appeals. Omitting the formal part, the plea is as follows: “Says that his name is not Arthur Thomas, alias Bud-die, as charged in the affidavit, nor has he ever been known or called by such name, as charged, but that his true and correct name is Buddie Thomas, and is called by the alias name of Arthur Thomas.”
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Appeal from Jefferson Criminal Court. Heard before Hon. Samuel E. Greene. Arthur Thomas was convicted of carrying concealed weapons, and he appeals. Omitting the formal part, the plea is as follows: “Says that his name is not Arthur Thomas, alias Bud-die, as charged in the affidavit, nor has he ever been known or called by such name, as charged, but that his true and correct name is Buddie Thomas, and is called by the alias name of Arthur Thomas.” The court was In error in sustaining demurrers to the plea of misnomer. — Wellborn v. State, 154 Ala. 79; Brown v. State, 157 Ala. 15; Jones v.…
1Opinion of the Court
PELHAM, J. —
The defendant’s plea of misnomer not only did not negative the fact that the defendant was known and called by the name Arthur Thomas, which was the name employed in the indictment to designate the defendant, but in effect admitted that the defendant was known and called by that name. Demurrers to this plea were properly sustained. — Freeman v. Pullen, 119 Ala. 235, 24 South. 57; Wren v. State, 70 Ala. 1; Ruffin v. State, 124 Ala. 91, 27 South. 307; Robinson v. State, 8 Ala. App. 435, 62 South. 372.
The case was tried before the court without a jury, and it is insisted that the…
2Cases cited6 opinions
- Ladd v. StateSupreme Court of Alabama · 1890
- Wren v. StateSupreme Court of Alabama · 1881
- Freeman v. PullenSupreme Court of Alabama · 1898
- Cunningham v. StateSupreme Court of Alabama · 1884
- Robinson v. StateAlabama Court of Appeals · 1913
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3Cited by6 opinions
- Commonwealth v. FestaSuperior Court of Pennsylvania · 1944
- State v. JonesMissouri Court of Appeals · 1975
- People v. SmithAppellate Division of the Superior Court of California · 1946
- Mosely v. CommonwealthCourt of Appeals of Kentucky · 1964
- Danal v. StateAlabama Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.