Gullatt v. State

The defendant was- indicted as Earl Gallatte, Gollatte, Gollatt, Guellett, and Gillett. He filed a plea of misnomer, alleging that his name was Earl Gullatt, and that he had never been known or called by- either of the names alleged in the indictment. Demurrer was -sustained to this plea on the ground that the names in the indictment and in the plea are idem sonans. If the names were sounded alike by parties who knew the defendant, this fact would have been available to the state on issue joined on the plea, but the court cannot say on demurrer that Gullatt is idemsonans with either of the…