Buford v. State
| Decision Date | 15 December 1925 |
| Docket Number | 6 Div. 850 |
| Citation | 21 Ala.App. 229,108 So. 74 |
| Parties | BUFORD v. STATE. |
| Court | Alabama Court of Appeals |
Rehearing Denied Jan. 12, 1926
Appeal from Circuit Court, Jefferson County; H.P. Heflin, Judge.
Mitchell Buford was convicted of having carnal knowledge of a girl over 12, and under 16, years of age, and he appeals. Affirmed.
Certiorari denied by Supreme Court in Buford v. State, 108 So. 74.
W. Emmett Perry and A.L. King, both of Birmingham, for appellant.
Harwell G. Davis, Atty. Gen., for the State.
After defendant had 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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Buford v. State
...Petition of Mitchell Buford for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Buford v. State, 108 So. 74. Writ W. Emmett Perry and A.L. King, both of Birmingham, for petitioner. Harwell G. Davis, Atty. Gen., and Robt. G. Tate, Asst. Atty......