Abrams v. State
Supreme Court of Alabama
Retailing Liquor Without License. Appeal from Monroe Circuit Court. Heard before Hon. John T.- Lackland. Will Abrams was convicted of selling iiquor contrary to the law, and he appeals. Defendant filed a plea of misnomer, setting up that his name was “Willis,” and not “Will,” Abrams.
Read the full summary
Retailing Liquor Without License. Appeal from Monroe Circuit Court. Heard before Hon. John T.- Lackland. Will Abrams was convicted of selling iiquor contrary to the law, and he appeals. Defendant filed a plea of misnomer, setting up that his name was “Willis,” and not “Will,” Abrams. In this connection defendant ¡requested the following charge: “The court charges the jury that it is not a question of what name the defendant is known by in Monroe county, or in Wilcox county, but whether he is known as well as ‘Will Abrams,’ or ‘Will Abraham,’ as ‘Willis Abrams,’ irrespective of county line.”…
1Opinion of the CourtMcCLELLAN, J.
The court correctly refused to give to the jury the charge, requested by the defendant, on the trial of the issue raised hv the plea of misnomer. The misleading tendency of the charge appears to be that the jury might thereby have been impressed that, though in Monroe county he was known as named in the indictment, yet, if he was not so known irrespective of county lines, the fact that he was so known in Monroe county was not to he taken as within the issue presented; whereas, if he Avas known in Monroe county as named in the indictment, the plea could not be said to be sustained.
The…
2Cases cited1 opinion
- McIntosh v. StateSupreme Court of Alabama · 1903
3Cited by4 opinions
- Garrett v. StateAlabama Court of Appeals · 1947
- Tippett v. GandySupreme Court of Alabama · 1909
- Montgomery v. StateAlabama Court of Appeals · 1920
- Reid v. StateSupreme Court of Alabama · 1913