Brooke v. State
Supreme Court of Alabama
Assault and Battery. Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. H. Y. Brooke was convicted of assault and battery, and he appeals. Accused filed a plea of misnomer, setting up that bis name was “Hadley Y. Brooke/ ’ and not “Hodley Y. Brooke/’ as set forth in the indictment.
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Assault and Battery. Appeal from Crenshaw Circuit Court. Heard before Hon. J. C. Richardson. H. Y. Brooke was convicted of assault and battery, and he appeals. Accused filed a plea of misnomer, setting up that bis name was “Hadley Y. Brooke/ ’ and not “Hodley Y. Brooke/’ as set forth in the indictment. Replying the state alleged that the indictment charges “Hadley Y Brooke” with assault and battery, and not “Hodley Y. Brooke”; that the second letter of the Christian name of defendant is the letter “a,” and not the letter “o”; that it was the intention of the solicitor who drew the indictment…
1Opinion of the CourtSimpson, J.
The defendant (appellant) was indicted and convicted of an assault and battery. It is contended by the appellant that the court erred in sustaining the demurrers, by the state, to the pleas of former jeopardy. The insistence by the state is that under the casé of Englehardt v. State, 88 Ala. 100, 7 South. 154, said pleas were not good, because they did not show that *82the charter of the town of Luverne specially provided that a conviction or acquittal before the mayor should be a bar to a prosecution before a state court for the same offense.
It is true that in that case, the clause of the act…
2Cases cited9 opinions
- Lewis v. StateSupreme Court of Alabama · 1892
- Moore v. StateSupreme Court of Alabama · 1882
- Gilmore v. StateSupreme Court of Alabama · 1899
- Keiser v. SmithSupreme Court of Alabama · 1882
- Miller v. StateSupreme Court of Alabama · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Sherrod v. StateSupreme Court of Alabama · 1916
- Howard v. City of BessemerAlabama Court of Appeals · 1959
- Ex Parte BellSupreme Court of Alabama · 1917
- In Re Van DykeMichigan Supreme Court · 1936
15 more not listed; retrieve them via the Exa API.