Davis v. State

The defendant was charged with having assaulted Olio Godfrey, and the proof showed that, if the assault took place as alleged, the name of the assaulted party was Oleo Godfrey. Clio is the name well known in history as being that of an ancient goddess, while Cleo is a contraction of Cleopatra. These names are entirely different and have no such similarity as commonly pronounced in this country as that they may be said to be idem sonans. Clements v. State, 19 Ala. App. 640, 99 So. 832. The evidence, as it appears in the bill of exceptions, discloses a material variance, and is fatal to a…