Gerrish v. State
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The opinion states tbe facts. Any person charged by the indictment must be described by his Christian or first name (or that it is unknown) and his surname; and the initial of the first name of the defendant merely being set out, and not his full name, is not such description, and may be made available by plea in abatement disclosing his true name.
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Appeal from City Court of Montgomery. Tried before Hon. John A. Minnis. The opinion states tbe facts. Any person charged by the indictment must be described by his Christian or first name (or that it is unknown) and his surname; and the initial of the first name of the defendant merely being set out, and not his full name, is not such description, and may be made available by plea in abatement disclosing his true name. Semble, if on the trial it appears that the full name of the party was known to the grand jury, or might have been ascertained upon inquiry of the witnesses, the defendant must…
1Opinion of the CourtManning, J.
Appellant was indicted by the name of F. A. Gerrish for having engaged in the business or profession of taking pictures without paying for and taking out a license according to the provisions of the revenue law. He pleaded in abatement that his name was not F. A. Gerrish, but Frank Augustus Gerrish; that he was baptized by this name in Montgomery, and was generally called, and was known to the grand jury that indicted him by the name of Frank A. Gerrish. This was proved by the State’s wit*478nesses and those introduced on his behalf; two of whom were members of that jury. It was shown that he was…
2Cited by24 opinions
- Haley v. StateSupreme Court of Alabama · 1879
- O'Brien v. StateSupreme Court of Alabama · 1890
- Winter v. StateSupreme Court of Alabama · 1891
- Crittenden v. StateSupreme Court of Alabama · 1901
- Lowe v. StateSupreme Court of Alabama · 1901
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