State v. Manning
Texas Supreme Court
Appeal from Rusk. The appellee was indicted, at the Fall Term, 1853, for a misdemeanor, by the name of James E. L. H. Manning. At the Fall Term, 1854, he pleaded in abatement, that his name was not James E. L. H. Manning, but James E. H. L. Manning. The District Attorney asked leave to amend, by correcting the misnomer, which was refused.
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Appeal from Rusk. The appellee was indicted, at the Fall Term, 1853, for a misdemeanor, by the name of James E. L. H. Manning. At the Fall Term, 1854, he pleaded in abatement, that his name was not James E. L. H. Manning, but James E. H. L. Manning. The District Attorney asked leave to amend, by correcting the misnomer, which was refused. He then demurred to the plea in abatement; the demurrer was overruled, “ and the District Attorney refusing to plead over “ or reply to defendant’s plea in abatement, the defendant, by “ his counsel, offered to submit the truth of his plea herein, to “ the…
1Opinion of the CourtWheeler, J.
It is objected that an appeal does not lie on behalf of the State in this case, because, it is said, the indictment was not quashed on motion, but abated by plea. The plea prays that the indictment be quashed, and such is the judgment of the Court. But whether quashed on motion, or abated by plea, the legal effect of the judgment is the same; and it can make no difference what form it assumes, or in what terms it is expressed, upon the record. It is equally within the intention and provision of the law. The jurisdiction of the Court to entertain the appeal, does not depend upon the manner in…
2Cases cited1 opinion
- Bratton v. SeymourSupreme Court of Pennsylvania · 1835
3Cited by18 opinions
- Sage v. StateIndiana Supreme Court · 1891
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- Burroughs v. StateSupreme Court of Florida · 1880
- Ex Parte KarlsonCalifornia Supreme Court · 1911
- Choen v. StateIndiana Supreme Court · 1876
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