McKinnon v. State

HARWOOD, Judge.

This appellant was indicted for murder in the second degree, he being named and designated in the indictment as “Arthur McKinnon, whose name is- otherwise unknown to the grand jury.”

Appellant filed a plea of misnomer to the indictment, to which demurrers were sustained.

Pie then filed a verified plea of misnomer which was in the form prescribed by the Code, see Sec. 288 (4), Title 15, Code of Alabama 1940, with an additional averment, which i:s underscored in the copy of the plea, which we will now set out:

“Plea Of Misnomer No. 2

“Comes the Defendant in his own proper person and…