Wilkerson v. State
Supreme Court of Missouri
ERROR TO GREEHE CIRCUIT COURT. The only question presented in this ease is, whether the Circuit Court did right in refusing to admit the defendant’s plea in abatement to be filed ; and in not allowing an issue'to be made upon that plea. The action of the Circuit Court in rejecting the plea in abatement, was right. 1. A defendant cannot take advantage of a mistake in his surname by a plea in abatement. Upon this point, see 2 Hawkins’ PI. Crown, 328; 7 Bao.
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ERROR TO GREEHE CIRCUIT COURT. The only question presented in this ease is, whether the Circuit Court did right in refusing to admit the defendant’s plea in abatement to be filed ; and in not allowing an issue'to be made upon that plea. The action of the Circuit Court in rejecting the plea in abatement, was right. 1. A defendant cannot take advantage of a mistake in his surname by a plea in abatement. Upon this point, see 2 Hawkins’ PI. Crown, 328; 7 Bao. Abr. 8. ’2. The defendant, in his plea, acknowledges himself to be the person indicted ; and upon this ground the plea ought to have been…
1Opinion of the CourtRyland, J.
This case presents no other question before us than the act of the court below, in treating the defendant’s plea in abatement as a nullity. We are satisfied that the plea is not a good one, and that the matter set forth in the plea is not susceptible of being properly plead in abatement; and we are not disposed to complain of the court below in thus treating it. The authority in 2'Hawkins’Pleas of the Crown, cited by the-attorney-general, sustains his position; but without saying anything to sanction that authority, we are satisfied that this plea has no merits. “Wilkerson” or “Wilkinson,”…
2Cited by3 opinions
- State v. WittSupreme Court of Kansas · 1885
- McDonald v. StateSupreme Court of Florida · 1908
- State v. HavelySupreme Court of Missouri · 1855