Rufus v. State
Supreme Court of Alabama
Appeal from tlie County Court of Wilcox. Tried before tlie Hon. James T. Beck. Tlie appellant was indicted for an assault and battery upon one John Cook with a knife. The indictment charged “John Rufus” with the offense.
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Appeal from tlie County Court of Wilcox. Tried before tlie Hon. James T. Beck. Tlie appellant was indicted for an assault and battery upon one John Cook with a knife. The indictment charged “John Rufus” with the offense. The defendant filed a plea of misnomer, which was sworn and subscribed to by him, in which he alleged that his Christian name was “John Rufus” and that his surname was “George,” and that his full name was “John Rufus George,” and that he was never known or called by the name of “Rufus” as a surname, that he ivas known and called by the name of “John Rufus” as a Christian…
1Opinion of the CourtMcCLELLAN, J.
The trial judge committed no error in finding from the evidence before him that the defendant was known as John Rufus as well as John Rufus George, and that he was as well known by the former of these names as the latter. It was not material that his real surname .was George, and that both the names “John” and “Rufus” were originally Christian names, when, as averred in the replication in effect, and shown by the testimony, the name “Rufus” had come to be regarded as his surname, and he was so known.
The court did not err .in excluding testimony as to Cook’s dangerous and “fussy” character;…
2Cases cited3 opinions
- Brown v. StateSupreme Court of Alabama · 1883
- Page v. StateSupreme Court of Alabama · 1881
- Johnson v. StateSupreme Court of Alabama · 1881
3Cited by1 opinion
- State v. AlieWest Virginia Supreme Court · 1918