Legal Opinion

Block v. State

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 17 opinions

Error to the Circuit Court of Macon. Tried before the Hon. James E. Cobb.

1Opinion of the CourtSomerville, J.

The plea of misnomer, interposed by the defendant, was not well taken, and the demurrer to it was properly sustained. The names Louis and Leiois are, according to their English pronunciation, one and the same. Of this, the courts will take judicial cognizance, and the variance in spelling is immaterial. The doctrine of idem sonans clearly applies here. — 1 Bish. Or. Proc. § 793; Sayre v. State, 30 Ala. 15; Clark’s Man. Cr. L. § 2191.

The act, under which the indictment in this case was found, was approved March 28, 1873, and is entitled, “An act to prohibit the sale, giving away, or otherwise…

2Cases cited3 opinions

  1. Woodson v. MurdockSupreme Court of the United States · 1874
  2. Bryan v. StateSupreme Court of Alabama · 1871
  3. Sayres v. StateSupreme Court of Alabama · 1857

3Cited by17 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Powell v. StateSupreme Court of Alabama · 1881
  3. Grattan v. StateSupreme Court of Alabama · 1882
  4. Stein v. LeeperSupreme Court of Alabama · 1885
  5. Rooks v. StateSupreme Court of Alabama · 1887

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