Turney v. State

The defendant was indicted as “A. D. Turney, whose Christian name is to the grand jury unknown.” On the trial it appeared that his Christian name was “Almond,” and it therefore became a question as to whether the grand jury knew this fact; the burden of proof as to such knowl edge resting on the defendant. It was the duty of the grand jury to use proper diligence to ascertain the true Christian name of the defendant, and to so allege it in the indictment, if they can do so. The law presumes that they discharged this duty, and the inquiry is, Did they falsely affirm a fact as unknown when it…