Haley v. State
Supreme Court of Alabama
From tbe Circuit Court of Lee. Tried before tbe Hon. James E. Cobb. The indictment in this case charged, .that tbe defendant, “ Zack, alias Zackariab Haley, did falsely and maliciously-speak of and concerning Emma Matthews, in tbe presence of Bobert Goins, charging her witb a want of chastity, in substance as follows : that he, tbe said Zack Haley, bad bad sexnal intercourse witb said Emma Matthews twice ; against the peace, ¿so.
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From tbe Circuit Court of Lee. Tried before tbe Hon. James E. Cobb. The indictment in this case charged, .that tbe defendant, “ Zack, alias Zackariab Haley, did falsely and maliciously-speak of and concerning Emma Matthews, in tbe presence of Bobert Goins, charging her witb a want of chastity, in substance as follows : that he, tbe said Zack Haley, bad bad sexnal intercourse witb said Emma Matthews twice ; against the peace, ¿so. The defendant filed a plea in abatement» duly verified by affidavit, averring that his true name was Zacary, and that he had never been known or called by any other…
1Opinion of the Court
BRIOEELL, O. J.
A plea in abatement, because of the misnomer of the defendant, regularly precedes a demurrer, or a plea to the matter of the indictment; and is waived, if it is regularly pleaded, 'by the subsequent interposition of a demurrer, or other pleading, which, ■ in effect, admits that the defendant is the person named or charged. It is not" material to inquire, whether the rulings of the court on the plea in abatement, finally adjudging it insufficient, were correct or not. The court could have stricken the plea from the files, because the defendant had demurred to the indictment, and…
2Cases cited6 opinions
- Robinson v. DrummondSupreme Court of Alabama · 1854
- Scott v. McKinnishSupreme Court of Alabama · 1849
- Easley v. MossSupreme Court of Alabama · 1846
- Williams v. BryantSupreme Court of Alabama · 1842
- Commons v. WaltersSupreme Court of Alabama · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. BaldwinSupreme Court of Kansas · 1886
- Anonymous v. StateSupreme Court of Alabama · 1987
- Brown v. StateSupreme Court of Alabama · 1904
- Viberg v. StateSupreme Court of Alabama · 1902
- Parks v. StateSupreme Court of Alabama · 1991
14 more not listed; retrieve them via the Exa API.