McKinnon v. State

BROWN, Justice.

Section 240, Title 15, Code of 1940 first appeared in the Code of 1852 as § 563. It provides: “The indictment must he certain as to the person charged; but when his name is unknown to the grand jury, it may "be so alleged without further identification.” ¡[Italics supplied.]

As observed in Morningstar v. State, 52 Ala. 405, 407: “There are authorities at common law, that when the name of the person charged is to the grand jurors unknown, a mere averment that it is unknown is not sufficient. It must be accompanied with some other mark of identification, as in one case that he…