Wren v. State
Supreme Court of Alabama
From the Count)’' Court of Wilcox. Tried before the Hon. John Purieoy. The indictment in this case, which was found by a grand jury regularly organized in the Circuit Court of said county, charged that the defendant, “ J. R. Wren, whose name, other than is expressed in this indictment, is unknown to the grand jury, kept or exhibited a gaming table, or was interested or concerned in the keeping or exhibition thereof, against the peace,” &c.
Read the full summary
From the Count)’' Court of Wilcox. Tried before the Hon. John Purieoy. The indictment in this case, which was found by a grand jury regularly organized in the Circuit Court of said county, charged that the defendant, “ J. R. Wren, whose name, other than is expressed in this indictment, is unknown to the grand jury, kept or exhibited a gaming table, or was interested or concerned in the keeping or exhibition thereof, against the peace,” &c. The case having been transferred to the County Court for trial, the defendant there pleaded in abatement, “that, his name is not J. R. "Wren, but his true…
1Opinion of the CourtBrickell, C. J.
Pleas in abatement, in civil or in criminal causes, are not favored. Matters of form, in them, are regarded as matters of substance. They are construed' most strongly against the pleader, and cannot be sustained, unless they "negative the existence of every fact, and repel every inference, however slight, crossing the matter relied on in the plea.—Powers v. State, 4 Ala. 531; State v. Brooks, 9 Ala. 9; Roberts v. Heim, 27 Ala. 678. If the matter of the plea is the misnomer of the defendant in an indictment, the jilea must not only aver the true name of the defendant, but must negar tive the…
2Cases cited5 opinions
- Roberts v. HeimSupreme Court of Alabama · 1855
- State v. BrooksSupreme Court of Alabama · 1846
- Toney v. StateSupreme Court of Alabama · 1878
- Cawthorn v. StateSupreme Court of Alabama · 1879
- Powers v. StateSupreme Court of Alabama · 1842
3Cited by12 opinions
- Bibb v. StateSupreme Court of Alabama · 1887
- Irvin v. StateSupreme Court of Florida · 1906
- Martin v. StateAlabama Court of Appeals · 1911
- Bibb v. StateSupreme Court of Alabama · 1887
- Freeman v. PullenSupreme Court of Alabama · 1898
7 more not listed; retrieve them via the Exa API.