Whitten v. State

As I read the record in this case, five flagrant errors were committed, besides some lesser ones; but who can say that even the lesser errors in no wise influenced the jury in finding its hostile verdict?

First: In the indictment as originally returned by the grand jury, the defendant was described as Burnard “Whidden.” When the prisoner was brought before the Court for arraignment, the State Attorney told him to hold up his hand, and asked him whether he answered to the name of Burnard “Whidden.” He replied that he did not answer to the name of Burnard “Whidden,” but that his name was Burnard…