Legal Opinion

Stinchcomb v. State

Supreme Court of Georgia

Decided February 12, 1904PublishedCited by 6 opinions

Indictment for disturbing public worship. Before Judge Russell. Walton superior court. December 4,1903.

1Opinion of the CourtCandler, J.

The sole object of description of the person of an alleged offender in an indictment is to identify the person to be tried as the one indicted; and usually one may be indicted by any name which will serve the purpose of identification. 10 Ene. PI. & Pr. 505. If the offender is known by more than one name, or if the grand jury is uncertain which of several names is the real name of the person, he may be indicted under an alias dictus, and a plea of misnomer to such an indictment must, to prevail, set out clearly that the accused has never been known by any of the names therein set out. These…

2Cited by6 opinions

  1. Andrews v. StateSupreme Court of Georgia · 1943
  2. Jenkins v. StateCourt of Appeals of Georgia · 1908
  3. Dunn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
  4. Bennett v. StateCourt of Appeals of Georgia · 1963
  5. Hughes v. StateCourt of Appeals of Georgia · 1982

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