Thornton v. State

Miller, Judge.

Latoya Thornton was charged by accusation with the offense of simple battery. Thornton filed a general demurrer and motion to quash the accusation on the ground that the accusation was fatally defective since it charged “Latoia Jordan,” a person not known to Thornton. The trial court denied Thornton’s motion, concluding the accusation was not rendered defective due to a fatal variance because it charged her as the perpetrator by use of an alias, which constituted a permissible misnomer. This Court granted Thornton’s application for interlocutory appeal. On appeal, Thornton…