Robinson v. State
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. James M. Robinson was convicted of keeping a gaming table, and be appeals. The indictment charged that Jim Robertson, alias Jim Robinson, whose name to the grand jury is otherwise unknown, etc., kept, exhibited, or was interested in keeping or exhibiting a gaming table for gaming.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. James M. Robinson was convicted of keeping a gaming table, and be appeals. The indictment charged that Jim Robertson, alias Jim Robinson, whose name to the grand jury is otherwise unknown, etc., kept, exhibited, or was interested in keeping or exhibiting a gaming table for gaming. The plea set up that his name was not Jim Robinson, and that- he had always been known and called James M. Robinson, or Jim M. Robinson, but nothing else. The evidence tended to show that the officers went into the defendant’s place of business and…
1Opinion of the CourtPelham, J.
— The defendant’s plea of misnomer in effect admitted that the name by which the defendant was indicted was his true name, for it set up his true name to be “James Robinson and that he has always been known and called James M. Robinson or Jim M. Robinson,” and the defendant was indicted under an alias dictus alleging his name to be Jim Robinson. Omission of the middle initial “M” was not material.— Taylor v. State, 100 Ala. 68, 14 South. 875; Woods v. State, 133 Ala. 162, 31 South. 984. If the grand jury returning the indictment had knowledge of facts as to the true name of the defendant,…
2Cases cited5 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Kramer v. ComptonSupreme Court of Alabama · 1910
- Lewy Art Co. v. AgricolaSupreme Court of Alabama · 1910
- Woods v. StateSupreme Court of Alabama · 1901
- Taylor v. StateSupreme Court of Alabama · 1893
3Cited by7 opinions
- Kelley v. StateAlabama Court of Appeals · 1946
- Malone v. StateAlabama Court of Appeals · 1917
- Bryant v. StateAlabama Court of Appeals · 1915
- MacHen v. StateAlabama Court of Appeals · 1917
- Castona v. StateAlabama Court of Appeals · 1920
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