Buford v. State

Alabama Court of Appeals

Buford v. State

108 So. 74, 21 Ala. App. 229

CourtAlabama Court of Appeals

DecidedDecember 15, 1925

Docket6 Div. 850.

StatusPublished

This text of 108 So. 74 (Buford v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buford v. State, 108 So. 74, 21 Ala. App. 229 (Ala. Ct. App. 1925).

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Opinion

SAMFORD, J.

After defendant haa been arraigned and pleaded not guilty to the indictment, he offered a plea of misnomer. This, being a plea in abatement, should have been filed before the plea of not guilty, and the refusal of the trial judge to set aside the plea of not guilty and permit the plea of misnomer to be filed was the exercise of a discretion which will not be here revised. Whittle v. State, 89 So. 43, 205 Ala. 639.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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SAMFORD, J.

After defendant haa been arraigned and pleaded not guilty to the indictment, he offered a plea of misnomer. This, being a plea in abatement, should have been filed before the plea of not guilty, and the refusal of the trial judge to set aside the plea of not guilty and permit the plea of misnomer to be filed was the exercise of a discretion which will not be here revised. Whittle v. State, 89 So. 43, 205 Ala. 639.

We find no error in the record, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

108 So. 74, 21 Ala. App. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buford-v-state-alactapp-1925.

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