Munkers v. State
Supreme Court of Alabama
From tbe Circuit Court of Clay. Tried, before tbe Hon. Leroy F. Box. Tbe defendant in tbis case was indicted, by tbe name of Bicbard Mlinkers, for tbe seduction of Dora Wright, an unmarried woman; and pleaded in abatement that bis true name was Bicbard Monous, and that he bad always been known and called by that name.
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From tbe Circuit Court of Clay. Tried, before tbe Hon. Leroy F. Box. Tbe defendant in tbis case was indicted, by tbe name of Bicbard Mlinkers, for tbe seduction of Dora Wright, an unmarried woman; and pleaded in abatement that bis true name was Bicbard Monous, and that he bad always been known and called by that name. A demurrer was interposed to this plea, on tbe ground that each name was idem sonans, and it was sustained; and tbe cause was tried on issue joined on tbe plea of not guilty. On tbe trial, tbe prosecutrix swore positively to her seduction by tbe defendant, under promise of…
1Opinion of the CourtClopton, J.
The demurrer to the plea of misnomer, interposed by appellant to the indictment, presented for decision by the court the question, whether Richard Munkers, by which name the defendant is indicted, is idem sonans with Richard Moncus, which the plea avers to be his true name, by which he has always been called and known. Though this is strictly a question of pronunciation, when raised by demurrer, it may be treated as a question of law; but, in such case, the judgment of the court should express the conclusion of law from facts or rules of which judicial notice may be taken. When there is no…
2Cases cited6 opinions
- Wilson v. StateSupreme Court of Alabama · 1883
- Nutt v. StateSupreme Court of Alabama · 1879
- Cunningham v. StateSupreme Court of Alabama · 1882
- Humphrey v. WhittenSupreme Court of Alabama · 1849
- Adams v. StateSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Suther v. StateSupreme Court of Alabama · 1897
- Alabama Produce Co. v. SmithSupreme Court of Alabama · 1932
- Peagler v. StateSupreme Court of Alabama · 1895
21 more not listed; retrieve them via the Exa API.