Pulliam v. Donaldson

• Decision Date: 18 November 1913
• Citation: 80 S.E. 315,140 Ga. 864
• Parties: PULLIAM v. DONALDSON.
• Court: Georgia Supreme Court

80 S.E. 315

140 Ga. 864

PULLIAM

v.DONALDSON.

Supreme Court of Georgia.

Nov. 18, 1913.

(Syllabus by the Court.)

1. Criminal Law (§ 279*)—Plea of Misnomer—Time for Presenting.

Where one is brought to trial under an indictment or an accusation, and the name under which the state seeks to arraign him is not his, such defect in the indictment or accusation may be taken advantage of by a plea of misnomerfiled before arraignment. After conviction or plea of guilty, it is too late to attack the indictment because of the misnomer.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 643, 644; Dec. Dig. § 279.*]

2. Gaming (§ 87*)—Habeas Corpus (§ 30*)— Accusation—Sufficiency.

An accusation charging that a named person "did play and bet for money or other thing of value, at a game of skin or other game played with cards, contrary to the laws of the state, " etc., while defective and subject to special demurrer, is not void; and if the defendant named in an accusation so framed pleads guilty, it is too late afterwards, in proceedings instituted to secure the release of the defendant under the writ of habeas corpus, to attack the accusation upon that ground.

[Ed. Note.—For other cases, see Gaming, Cent. Dig. §§ 235-240; Dec. Dig. §87;* Habeas Corpus, Cent. Dig. § 25; Dec. Dig. § 30.*]

Error from Superior Court, Fulton County; W. D. Ellis, Judge.

Habeas corpus by William Pulliam against T. J. Donaldson. Judgment for defendant, and petitioner brings error. Affirmed.

Calhoun & Connally, of Atlanta, for plaintiff in error.

Rosser & Brandon, of Atlanta, for defendant in error.

BECK, J. In the criminal court of Atlanta, to an accusation charging George Pullman with the offense of misdemeanor, "for that the said George Pullman * * * did play and bet for money or other thing of value, at a game of skin or other games played with cards, contrary to the laws of the state, " etc., a plea of guilty was entered by the defendant, and he was sentenced to work and labor on the public works of Fulton county. Subsequently to the sentence aforesaid Will Pulliam, alleging himself to be a brother of George Pulliam, brought a petition for habeas corpus against Thomas J. Donaldson, as superintendent of the Fulton county stockade or chain gang, alleging that he was unlawfully restraining the liberty of George Pulliam; that the detention was illegal, because the sentence was void; that the accusation was void, because it charged no crime, but charged the accused with playing or betting...