Legal Opinion

Strange v. State

Alabama Court of Appeals

Decided June 19, 1912PublishedCited by 4 opinions

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. B. F. Strange was convicted, of an offense against the liquor laws, and lie appeals.

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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. B. F. Strange was convicted, of an offense against the liquor laws, and lie appeals. The plea of misnomer is as follows: “Comes the defendant in the above-styled canse and in answer to the indictment says'that his name is not B. F. Strange, but that his true name is Benjamin Franklin Strange, and he is called and answers to the name of Ben Strange, and this he is ready to verify; wherefore defendant says that the indictment in this .case should be abated and quashed, and the defendant allowed to go hence.” The…

1Opinion of the Court

WALKER, P. J. —

The defendant’s plea of misnomer was properly stricken on motion of the solicitor.-— Wellborn v. State, 154 Ala. 79, 45 South. 646.

Following the rulings made in the case of Woodward v. State, Infra, 59 South. 688, the action of the court in overruling the defendant’s motion to quash the panel of jurors in the case, and also its action in admitting in evidence, over the defendant’s objection, the certified copy of the stub of a certain internal revenue license and internal revenue tax stamp, issued by the collector of internal revenue for the state of Alabama to the defendant…

2Cases cited3 opinions

  1. Woodward v. StateAlabama Court of Appeals · 1912
  2. Wellborn v. StateSupreme Court of Alabama · 1908
  3. Wright v. StateAlabama Court of Appeals · 1912

3Cited by4 opinions

  1. State v. KilmerNorth Dakota Supreme Court · 1915
  2. Ogles v. StateAlabama Court of Appeals · 1916
  3. Warrick v. StateAlabama Court of Appeals · 1913
  4. Tarpey v. StateAlabama Court of Appeals · 1913

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