McGuire v. State

Handy, J.:

In this case the defendant below pleaded in abatement to the indictment, that the grand jury which found the bill was illegally organized, and that his name was Michael J. McGuire, and not Mitchell J. McGuire, as stated in the indictment. To the first ground of objection stated in the plea, the state replied, traversing the allegations; and as to the misnomer, moved the court to strike out the name of Mitchell and insert Michael in place of it, which motion was granted, and the. indictment amended accordingly. The defendant demurred to the replication, and the demurrer was…