Jones v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Walter Jones was convicted of murder in tbe first degree, and lie appeals. The indictment charges the killing of S. Rowan, in the usual form, for murder in the first degree. The demurrers raise the questions that Rowan’s true name is “Sloan Rowan,” and is not set out.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Walter Jones was convicted of murder in tbe first degree, and lie appeals. The indictment charges the killing of S. Rowan, in the usual form, for murder in the first degree. The demurrers raise the questions that Rowan’s true name is “Sloan Rowan,” and is not set out. The application for change of venue was based upon the state of public mind, the action taken by the authorities and certain publications in the local papers, together with affidavits pro and con as to whether or not defendant could get a fair trial. When…
1Opinion of the CourtAnderson, J.
-An indictment which sets forth the defendant’s Christian name by initials only is subject to plea in abatement, unless it is alleged that the Christian name was unknown to the grand jury otherwise than as laid in the indictment. — Gerrish v. State, 54 Ala. 476; O’Brien v. State, 91 Ala. 27, 8 South. 560; Jones v. State, 63 Ala. 28; Lyon v. State, 61 Ala. 229; Wellborn v. State, 154 Ala. 79, 45 South. 646. It is not so important, however, when individuals are only collaterally concerned in the act for which another is prosecuted — as for instance, those whose persons or property may have been…
2Cases cited34 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Storey v. StateSupreme Court of Alabama · 1882
- Ford v. StateSupreme Court of Alabama · 1882
- Burton v. StateSupreme Court of Alabama · 1894
- Burton v. StateSupreme Court of Alabama · 1896
29 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Knight v. StateSupreme Court of Alabama · 1962
- Arthur v. StateCourt of Criminal Appeals of Alabama · 1996
- Smarr v. StateSupreme Court of Alabama · 1953
- Seibold v. StateSupreme Court of Alabama · 1970
- Oliver v. StateSupreme Court of Alabama · 1936
84 more not listed; retrieve them via the Exa API.