Clark v. State

The court did not commit error in putting the defendant to trial before the same jury that passed upon the plea of misnomer. Whitaker v. State, ante, p. 114, 105 So. 433.

The entire inquiry as to the plea of misnomer was useless. The defendant was indicted as "Ott Clark, whose name is to the grand jury unknown than as stated." Such an indictment is not subject to a plea of misnomer. Bryant v. State, 36 Ala. 270. This will dispose of the several exceptions reserved to the admission of evidence on the trial of the issue on the plea in abatement.

Everything said and done by the parties at the time…