Harper v. State

Alabama Court of Appeals

Harper v. State

55 So. 258, 1 Ala. App. 232, 1911 Ala. App. LEXIS 233

CourtAlabama Court of Appeals

DecidedApril 20, 1911

StatusPublished

Cited by1 cases

This text of 55 So. 258 (Harper 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

Harper v. State, 55 So. 258, 1 Ala. App. 232, 1911 Ala. App. LEXIS 233 (Ala. Ct. App. 1911).

Pincite

Opinion

PELHAM, J.

The defendant ivas indicted in the circuit court of Jackson county for a violation of the prohibition laws, and filed a plea in abatement, setting up his true name to be “Solomon Newton Harper,” and not “S. Newton Harper,” as alleged in the indictment, and that he had never been known or called by that name. The state, without filing a replication, took issue upon the plea. There was evidence to sustain the plea, and it was error in the court to give the general charge in favor of the state on the issue made. (The reporter will set out a summary of the evidence to sustain the plea in abatement.)

It is not necessary to notice the other questions presented, as in all probability they will not occur upon another trial, and for the error pointed out the case must be reversed and remanded.

Reversed and remanded.

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PELHAM, J.

The defendant ivas indicted in the circuit court of Jackson county for a violation of the prohibition laws, and filed a plea in abatement, setting up his true name to be “Solomon Newton Harper,” and not “S. Newton Harper,” as alleged in the indictment, and that he had never been known or called by that name. The state, without filing a replication, took issue upon the plea. There was evidence to sustain the plea, and it was error in the court to give the general charge in favor of the state on the issue made. (The reporter will set out a summary of the evidence to sustain the plea in abatement.)

It is not necessary to notice the other questions presented, as in all probability they will not occur upon another trial, and for the error pointed out the case must be reversed and remanded.

Reversed and remanded.

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Bluebook (online)

55 So. 258, 1 Ala. App. 232, 1911 Ala. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-state-alactapp-1911.

Opinion

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