Biggers v. State

Plaintiff in error was indicted in the superior court of Bibb county, for the offense of gaming, and tried in the city court of Macon and found guilty. He pleaded a misnomer in abatement, and alleged that his true name is not John Biggers but that his name is John Bickers. By consent the plea was submitted to the judge for determination, who *106adjudged that “Upon hearing the evidence I find ‘Bickers’ and ‘Biggers’ are idem sonans, and find against the plea.” He moved for a new trial, on the ground that the verdict was contrary to law and the evidence. The evidence was clear, and overwhelming…