Oliveri v. State
Alabama Court of Appeals
Violating Prohibition Law. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Rich Oliveri was convicted of violating the prohibition law, and he appeals.
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Violating Prohibition Law. Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Rich Oliveri was convicted of violating the prohibition law, and he appeals. The plea of misnomer is as follows: The defendant avers and says that he is indicted in this case by the name of “Rich Olivere,” and says that his name is not “Rich Olivere,” and he was never known or called by that name, hut that his name is and always was “Richard Oliveri,” and that he has always been known and called by that name. The demurrers interposed were: (1) Same does not constitute a good plea. (2) “Rich” is…
1Opinion of the CourtBrown, J.
The indictment avers that “Rich Olivere, whose name is otherwise unknown to the grand jury,” sold spirituous, vinous, or malt liquors without a license and contrary to law. To this indictment the defendant filed a plea of misnomer, averring “that his name is not ‘Rich Olivere/ and that he Avas never known or called by that name, but that his name is and always was ‘Richard Oliveri/ and he has always been knoAvn and called by that name.”
The defendant, testifying in his own behalf, testified that his name was “Rich or Richard Oliveri,” and that he had never spelled his name “Olivere.” The…
2Cases cited10 opinions
- Childress v. StateSupreme Court of Alabama · 1888
- James v. StateSupreme Court of Alabama · 1875
- Rooks v. StateSupreme Court of Alabama · 1887
- Coburn v. StateSupreme Court of Alabama · 1907
- Axelrod v. StateAlabama Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- Norman v. StateAlabama Court of Appeals · 1915
- Savage v. StateAlabama Court of Appeals · 1921
- Taylor v. StateAlabama Court of Appeals · 1916
- Crow v. StateAlabama Court of Appeals · 1937
13 more not listed; retrieve them via the Exa API.