Scott v. State

An indictment for murder may identify the deceased by different names in separate counts, without an allegation that the name is otherwise unknown. Such indictment is not subject to demurrer for misjoinder. Ex parte State, 197 Ala. 419, 73 South. 35; Lowe v. State, 134 Ala. 154, 32 South. 273; Wooster v. State, 55 Ala. 217.

The order setting day for trial and for the special venire was made on September 23d. The trial was set for October 2d. Motions to quash the venire and for a continuance of the cause made the point that the order was not made on the first day of the term of the court, nor…