Bodine v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. -Bilbro. The appellant was indicted and tried for an assault with intent to murder, was convicted of an assault, and fined twenty-fire dollars. The indictment as contained in the record on the present appeal charged that “Sol Bodino unlawfully and with malice aforethought did assault William Fowler with a gun with the intent to murder him,” etc.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. -Bilbro. The appellant was indicted and tried for an assault with intent to murder, was convicted of an assault, and fined twenty-fire dollars. The indictment as contained in the record on the present appeal charged that “Sol Bodino unlawfully and with malice aforethought did assault William Fowler with a gun with the intent to murder him,” etc. The defendant filed a plea in abatement, in which he set up that lie was indicted by the name of Sol Bodino, while liis true name’ is “Sol Bodine, and that he has ever been known…
1Opinion of the CourtDowdell, J.
The judgment entry recites that “after due deliberation it is 'considered by the court that the plea in abatement he and the same is hereby quashed, upon the inspection of the indictment and the plea by the court.’ We are unable to say, in the absence of the original paper (the indictment) which was before the trial court, and was inspected by the court, that any error was committed in quashing the plea of misnomer. In order to review this ruling, which was evidently based upon a finding of fact, the same evidence upon which the trial court acted should in a proper manner he presented to this…
2Cited by8 opinions
- Parham v. StateSupreme Court of Alabama · 1906
- McLaughlin v. StateCourt of Criminal Appeals of Alabama · 1991
- Davis v. StateSupreme Court of Alabama · 1904
- Grooms v. StateSupreme Court of Alabama · 1934
- Andrews v. StateSupreme Court of Alabama · 1907
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