Shiff v. State
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. The appellant waa indicted for engaging in or carrying on the business 'of a transient or itinerant dealer in goods, wares or merchandise, without a license other than that of a licensed peddler or travelling agent of the wholesale dealer in said articles, making sales thereof by sample. The indictment was found against Mike Skiff.
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Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. The appellant waa indicted for engaging in or carrying on the business 'of a transient or itinerant dealer in goods, wares or merchandise, without a license other than that of a licensed peddler or travelling agent of the wholesale dealer in said articles, making sales thereof by sample. The indictment was found against Mike Skiff. The appellant pleaded in abatement a misnomer; alleging that his name was Ike Shiff. The solicitor confessed the plea, and, “by leave of the court,” amended the indictment accordingly. The defense…
1Opinion of the CourtSomebville, J.
The statute permits an indictment to be amended, “with the consent, of the defendant, when the name of the defendant is incorrectly stated, or when any person, property, or matter therein stated is incorrectly described.” — Code, 1886, § 4389. It is the obvious meaning of this statute that an indictment shall not be amended, even in an immaterial matter, without tie consent of the defendant, as is the rule of the common law. — Gregory v. State, 46 Ala. 151; Johnson v. State, Ib. 212. The present indictment was amended by the solicitor so as to correct a misnomer set up by plea in abatement on…
2Cases cited9 opinions
- Sylvester v. StateSupreme Court of Alabama · 1881
- Spicer v. StateSupreme Court of Alabama · 1881
- Harris v. StateSupreme Court of Alabama · 1874
- Weil v. StateSupreme Court of Alabama · 1875
- Long v. StateSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ex Parte AllredSupreme Court of Alabama · 1981
- Graves v. StateSupreme Court of Alabama · 1952
- Ex Parte WallaceSupreme Court of Alabama · 1986
- Edwards v. StateCourt of Criminal Appeals of Alabama · 1985
- State v. . CodySupreme Court of North Carolina · 1896
9 more not listed; retrieve them via the Exa API.