United States v. Janes
U.S. Circuit Court for the District of Southern California
This was an indictment against J. F. Janes for depositing nonmailable matter in the mails, in violation of Rev. St. § 3898. Heard on demurrer to the indictment.
1Opinion of the Court
WELLBORN, District Judge.
The defendant pleads in abatement of the indictment as follows: “That there is a misnomer of defendant, in that his full Christian name is not alleged in said indictment; that defendant’s true full name is ‘John Frazer Janes.’” To this plea the government has demurred, and urges, among other grounds of demurrer: First, that the plea fails to allege that the defendant was not known or called bj the name of “J. F. Janes”; second, it does not allege that the defendant has hitherto been called and known by the name of “John Frazer Janes.”
Both objections, I think, are well…
2Cases cited7 opinions
- Roberts v. HeimSupreme Court of Alabama · 1855
- Henderson v. StateSupreme Court of Georgia · 1895
- State v. BrooksSupreme Court of Alabama · 1846
- Wren v. StateSupreme Court of Alabama · 1881
- Bright v. StateSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dunn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
- United States v. Lehigh Valley R. Co.District Court, M.D. Pennsylvania · 1930
- Cox v. DurhamCourt of Appeals for the Eighth Circuit · 1904