Haley v. State
Supreme Court of Alabama
From the Circuit Court of Lee. Tried before the Hon. W. B. Wood. The indictment iu this case charged, that the defendant, “ Zack, alias Zachariah Haley, did falsely and maliciously speak of and concerning Mollie Goins, in the presence of J. McLendon, charging her with a want of chastity, in substance as follows: that the said Mollie Goins was whoring about through the country ; against tbe peace,” &c.
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From the Circuit Court of Lee. Tried before the Hon. W. B. Wood. The indictment iu this case charged, that the defendant, “ Zack, alias Zachariah Haley, did falsely and maliciously speak of and concerning Mollie Goins, in the presence of J. McLendon, charging her with a want of chastity, in substance as follows: that the said Mollie Goins was whoring about through the country ; against tbe peace,” &c. The defendant filed two pleas in abatement, each duly verified; tbe first averring “ that his true name is, and always has been since his birth, Zacary Haley, and he has never been known or…
1Opinion of the CourtStone, J.
The Circuit Court did not err in the rulings on the pleas in abatement. The court rightly sustained the demurrer to the second of those pleas, and ruled correctly on the issues formed on the first. — Franklin v. The State, 52 Ala. 414; Gerrish v. The State, 53 Ala. 476. Zack is not an initial letter. It may be a name ; and the jury found be was as well and readily known by the one name as the other. The testimony tends to show he was much more generally called and known by the abbreviated name, than by any other. The question is important only as a means of individualization, and of…
2Cases cited17 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Ward v. StateSupreme Court of Alabama · 1856
- Griffin v. ChubbTexas Supreme Court · 1852
- McHugh v. StateSupreme Court of Alabama · 1858
- Dexter v. SpearU.S. Circuit Court for the District of Rhode Island · 1825
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3Cited by22 opinions
- State v. HowardMontana Supreme Court · 1904
- Stone v. StateSupreme Court of Alabama · 1922
- Parker v. NewmanSupreme Court of Alabama · 1917
- State v. MasonOregon Supreme Court · 1894
- Lowman v. StateSupreme Court of Alabama · 1909
17 more not listed; retrieve them via the Exa API.