Taylor v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hou. Samuel H. Spbott. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charges that before the finding of this indictment Matt. Taylor, whose Christian name is to the grand jury otherwise unknown, sold vinous or spirituous or malt liquors, without a license and contrary to law.
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Appeal from the Circuit Court of Sumter. Tried before the Hou. Samuel H. Spbott. The appellant was indicted, tried and convicted under the following indictment: “The grand jury of said county charges that before the finding of this indictment Matt. Taylor, whose Christian name is to the grand jury otherwise unknown, sold vinous or spirituous or malt liquors, without a license and contrary to law. “The grand jury of said county further charges that before the finding of this indictment Matt. Taylor, whose Christian name is to the grand jury otherwise unknown, at another time, sold vinous or…
1Opinion of the CourtHead, J.
The law recognizes but one Christian name of a person. It was sufficient to indict the defendant by the name of Matt. Taylor, without reference to any other name. It was wholly immaterial whether the grand jury knew his other name or not, if he had any, and the statement in the indictment that such other name was to that body unknown was unnecessary and will be rejected as surplusage. It is not a case of an immaterial averment descriptive of the defendant which it is necessary to prove because alleged. The rulings of the Circuit Court on this objection were free from error.
There is no merit…
2Cited by5 opinions
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- Robinson v. StateAlabama Court of Appeals · 1913
- Coker v. StateAlabama Court of Appeals · 1922