Legal Opinion

Weyms v. State

Alabama Court of Appeals

Decided June 30, 1915PublishedCited by 6 opinions

Violating Prohibition Law. Apppeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Chester Weyms, alias Chester Wiems, was convicted of violating the prohibition law, and he appeals.

1Opinion of the CourtPelham, P. J.

The indictment preferred against the defendant on which he was tried and convicted alleged his name to be “Chester Weyms, alias Chester Weims,” and the defendant interposed a plea of misnomer averring his true name to be, not as alleged in the indictment, but “Chesley Wyms,” and verified his plea by an affidavit signed “Chesley Wyms.” To this plea of misnomer the state’s counsel filed a demurrer on the ground that the names of “Chester Weyms, alias Chester Weims,” and “Chesley Wyms,” are idem sonans.(1) We think the court’s ruling in sustaining this demurrer free from error under the…

2Cases cited3 opinions

  1. Ex parte WattersSupreme Court of Alabama · 1913
  2. Payne v. StateAlabama Court of Appeals · 1914
  3. Peters v. NolenAlabama Court of Appeals · 1914

3Cited by6 opinions

  1. Clark v. StateAlabama Court of Appeals · 1916
  2. Taylor v. StateAlabama Court of Appeals · 1916
  3. Nettles v. StateSupreme Court of Alabama · 1931
  4. Mitchell v. StateAlabama Court of Appeals · 1916
  5. Coplon v. StateAlabama Court of Appeals · 1917

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