Beneux v. State

Appellant was indicted in the Franklin Circuit Court for selling ardent spirits contrary to the statute, etc.

He pleaded in abatement that he was indicted by the name of Justin Bennaux; whereas he was then, and had always been known by the name of Justin Beneux.

The Court sustained a demurrer to the plea. Appellant stood mute, and a plea of not guilty being entered by order of the Court, he was convicted and fined.

Did the Court err in sustaining the demurrer? It is insisted by counsel that Beneux is a French name, and that, according to the rules of orthography and pronunciation in the French…