Sexton v. State

SAMFORD, Judge.

The defendant, with two others, was indicted jointly for the murder of Manley Sexton. There was a severance, and this defendant, alone, was put on trial in this case. There was verdict and judgment finding the defendant guilty of murder in the second degree.

The defendant, by way of plea in abatement, claimed that his name was not Levon Sexton, as set out in the indictment, but was Lavaughn Sexton, and that he had never been known as or called Levon. The solicitor filed a demurrer to this plea, among other grounds, setting up that the two words, Levon and Lavaughn, are idem…