Bennett v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. There is testimony that the deceased’s Christian name was “Mooney,” as alleged in the indictment, and other testimony that it was “Monte.” The State makes no contention that the two names are idem sonans, but that the doctrine o'f interchangeability of names applies. 68 Ark. 241. It is a question of identity; and where that is established, if the inaccuracy is not misleading, it will not be fatal. 14 Enc.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. There is testimony that the deceased’s Christian name was “Mooney,” as alleged in the indictment, and other testimony that it was “Monte.” The State makes no contention that the two names are idem sonans, but that the doctrine o'f interchangeability of names applies. 68 Ark. 241. It is a question of identity; and where that is established, if the inaccuracy is not misleading, it will not be fatal. 14 Enc. PL & Pr. 287. See also 10 Id. 505; 30 Ark. 162; 46 Ga. 269. The question as to whether the deceased was known by both names was…
1Opinion of the CourtHire, C. J.
Bennett was indicted for the murder of Mooney Thomas, was convicted of murder in the second degree, and appealed.
1. There was testimony tending to prove that the deceased was known as Mooney Thomas, and on the other hand there was testimony tending to' prove that he was known as Monte Thomas, and that Monte was his true name, and that he was known by no other.
The appellant asked the court to charge the jury as follows: “The court instructs the jury that if they believe beyond a reasonable doubt that Monte Thomas was the party killed by Wes Bennett, and not Mooney Thomas, as alleged in the…
2Cases cited11 opinions
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Petty v. StateSupreme Court of Arkansas · 1905
- Shackelford v. StateSupreme Court of Arkansas · 1878
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1893
- Payne v. StateSupreme Court of Arkansas · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Purifoy v. StateSupreme Court of Arkansas · 1991
- Ary v. StateSupreme Court of Arkansas · 1912
- Butler v. StateSupreme Court of Arkansas · 1939
- Woods v. StateSupreme Court of Arkansas · 1916
- Branch v. State of FloridaSupreme Court of Florida · 1927
7 more not listed; retrieve them via the Exa API.