Jones v. State
Supreme Court of Alabama
From the Circuit Court of Washington. Tried before the Hon. H. T. Toulmin. The indictment in this case, containing only one count, charged that “Douglas Jones, alias Dug Jones, whose true Christian name is to this grand jury unknown, carried a pistol concealed about his person,” &c. After conviction, the defendant moved in arrest of judgment, on account of the insufficiency of the indictment; which motion the court overruled, and the defendant excepted.
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From the Circuit Court of Washington. Tried before the Hon. H. T. Toulmin. The indictment in this case, containing only one count, charged that “Douglas Jones, alias Dug Jones, whose true Christian name is to this grand jury unknown, carried a pistol concealed about his person,” &c. After conviction, the defendant moved in arrest of judgment, on account of the insufficiency of the indictment; which motion the court overruled, and the defendant excepted. Neither the common law nor the statute . authorizes such averments as are contained in this indictment. — Clark’s Manual, § 2189, and…
1Opinion of the CourtStone, J.
On a former day of this term, we announced that this case was affirmed, on the authority of Lee v. The State, 55 Ala. 259. In that case, the defendant was described as “Eli E. Lee, alias Tobe Lee.” We held there was nothing in the objection,- that the Christian name of the defendant was stated under an alias dictus. In the present case, the defendant is described and charged as “ Douglas Jones, alias Dug Jones, whose true Christian name is to this grand jury unknown.” The principle on which we heretofore affirmed this case was, that the true interpretation of the language of this indictment…
2Cases cited1 opinion
- Lee v. StateSupreme Court of Alabama · 1876
3Cited by5 opinions
- Reeder v. StateSupreme Court of Alabama · 1923
- Crow v. StateAlabama Court of Appeals · 1937
- Butler v. StateAlabama Court of Appeals · 1920
- Johnson v. StateAlabama Court of Appeals · 1912
- Crow v. StateAlabama Court of Appeals · 1937