Legal Opinion

United States v. Janes

U.S. Circuit Court for the District of Southern California

Decided March 9, 1896PublishedCited by 3 opinions

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

  1. Roberts v. HeimSupreme Court of Alabama · 1855
  2. Henderson v. StateSupreme Court of Georgia · 1895
  3. State v. BrooksSupreme Court of Alabama · 1846
  4. Wren v. StateSupreme Court of Alabama · 1881
  5. Bright v. StateSupreme Court of Alabama · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Dunn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
  2. United States v. Lehigh Valley R. Co.District Court, M.D. Pennsylvania · 1930
  3. Cox v. DurhamCourt of Appeals for the Eighth Circuit · 1904

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