Winter v. State
Supreme Court of Alabama
From the Circuit Court of Oherokee. Tried before'the Hon. John B. Tally. The indictment in this case charged that “J. H. Winter, whose true Christian name is unknown to said grand jury otherwise than as stated, did sell spirituous liquors, without a license, and contrary to law.”
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From the Circuit Court of Oherokee. Tried before'the Hon. John B. Tally. The indictment in this case charged that “J. H. Winter, whose true Christian name is unknown to said grand jury otherwise than as stated, did sell spirituous liquors, without a license, and contrary to law.” On the trial, one John Williams ivas introduced as a witness on the part of the State, and testified to his purchase of a pint of whiskey from the defendant, within the time covered by the indictment; and further, that he knew the defendant was called “Joe Winter,”' and had so testified when he was examined before…
1Opinion of the CourtOlopton, J.
In Gerrish v. State, 53 Ala. 476, it was-ruled, that it is not allowable to' designate in an indictment the person charged therein with the commission of a criminal offense, by the initial letters of his name, when his true name is known; and that an indictment so designating him is subject to plea in abatement, unless it also avers that the true name is otherwise unknown to the grand jury. But, notwithstanding the indictment, which designates appellant by the initial letters of his Christian name, contains the requisite aver*638ment that his true Christian name is otherwise' unknown to the grand…
2Cases cited2 opinions
- Gerrish v. StateSupreme Court of Alabama · 1875
- Wells v. StateSupreme Court of Alabama · 1889
3Cited by20 opinions
- Terry v. StateSupreme Court of Alabama · 1897
- James v. StateSupreme Court of Alabama · 1896
- Canty v. StateSupreme Court of Alabama · 1939
- Spear v. StateSupreme Court of Alabama · 1898
- Axelrod v. StateAlabama Court of Appeals · 1913
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