Sayres v. State
Supreme Court of Alabama
From tbe Circuit Court of Barbour. Tried before the TIon. C. W. Bapier. The prisoner was indicted by the name of Major S. Saeyrs, alias, Major S. Sawyers, for the larceny of certain bank-notes from the person of one 'William Cunningham. Tie pleaded in abatement that his true name was Sayres ; to ¡which the State replied idem sonans, and issue was joined thereon.
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From tbe Circuit Court of Barbour. Tried before the TIon. C. W. Bapier. The prisoner was indicted by the name of Major S. Saeyrs, alias, Major S. Sawyers, for the larceny of certain bank-notes from the person of one 'William Cunningham. Tie pleaded in abatement that his true name was Sayres ; to ¡which the State replied idem sonans, and issue was joined thereon. On the trial of this issue, as appears from the bill of exceptions, “the State introduced a witness who testified, -that he was well acquainted with the handwriting of the attorney-general, by whom the indictment was drawn, and was…
1Opinion of the CourtStone, J.
The issue in this ease was idem sonans. G-onerally, such issue is triable by the court, without evidence, and not by the jury.
We will not say there might not be cases in which it would be permissible to introduce evidence on this issue. A foreign name might be in issue; and, although the orthography of the two supposed names might, according to the laws of our language, requires us to affix to each a *18different sound, yet in fact the foreign orthography might be then sounded precisely as the letters employed by the American pleader would be here pronounced. Whether, in such case, the proper…
2Cases cited7 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
- Armstrong v. BurrowsSupreme Court of Pennsylvania · 1837
- Jackson ex dem. Swain v. RansomNew York Supreme Court · 1820
- Flournoy v. MimsSupreme Court of Alabama · 1849
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3Cited by6 opinions
- Nutt v. StateSupreme Court of Alabama · 1879
- Rooks v. StateSupreme Court of Alabama · 1887
- Block v. StateSupreme Court of Alabama · 1880
- Nettles v. StateSupreme Court of Alabama · 1931
- Pickens v. StateSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.