Noble v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the lion. William H. Thomas. The appellant in this case, T^evi Noble, was indicted, tried and convicted for grand larceny and sentenced to tlxe penitentiary for three years. The defendant interposed the plea of misnomer, to which the State filed special replications. The issue joined upon these pleadings was separately tried, and was found in favor of the State.
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Appeal from the City Court of Montgomery. Tried before the lion. William H. Thomas. The appellant in this case, T^evi Noble, was indicted, tried and convicted for grand larceny and sentenced to tlxe penitentiary for three years. The defendant interposed the plea of misnomer, to which the State filed special replications. The issue joined upon these pleadings was separately tried, and was found in favor of the State. The evidence in reference thereto is sufficiently stated in the opinion. Upon the introduction of the evidence, the court at the request of the State gave to the jury the…
1Opinion of the Court
TYSON, J. —
The indictment upon which the defendant was tried and convicted, alleged his name to be Levi Noble. He interposed a plea of misnomer in Avhich he alleged his true name is Levi Nobles and that he has always been called and known by that name, and not by the name of Levi Noble. To this plea the solicitor re*92plied generally and also specially: 1st, that the defendant is and was as well known and called by the name of Levi Noble as by the name of Levi Nobles; 2d, that defendant is and was as well known and called by the name by which he is indicted as by the name alleged to be his true…
2Cases cited3 opinions
- Jacobs v. StateSupreme Court of Alabama · 1878
- Washington v. StateSupreme Court of Alabama · 1880
- Humphrey v. WhittenSupreme Court of Alabama · 1849
3Cited by6 opinions
- Nettles v. StateSupreme Court of Alabama · 1931
- Wells v. StateSupreme Court of Alabama · 1914
- National Life Accident Ins. Co. v. SaffoldSupreme Court of Alabama · 1932
- Sexton v. StateSupreme Court of Alabama · 1938
- Seay v. StateAlabama Court of Appeals · 1944
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