Berry v. State

BRICKEN, Presiding Judge.

Appellant was tried upon a complaint in the lower court for the offense of violating the State prohibition law, Code 1923, § 4656 et seq. Said complaint was, upon its face, defective and was subject to a plea in abatement, for that the accused was designated by his initials only, and not by his Christian name as the-law requires. There was no averment that his Christian name was to affiant unknown. However, no such plea was filed, and as a result of defendant’s plea of “not guilty,” jurisdiction of the person was conferred upon the court. This may be done under the…