McCullar v. State

The defendant was convicted of the offense of burglary, and he appeals.

The indictment is laid against “Nelson McCulla, alias Nelson McCullough,” and the undisputed evidence in the case shows that defendant’s true name is “Nelson McCullar.” Appropriate plea in abatement was filed by defendant, setting up the facts above, to which plea apt demurrers, interposed by the state, were sustained. This, as consistently held by this court, presents a question of law as to whether or not the names by which 'appellant was charged, or either of them, were idem sonans with, or to, his true name-.

“In…