State v. Hughes
| Decision Date | 31 December 1851 |
| Citation | State v. Hughes, 31 Tenn. 261 (Tenn. 1851) |
| Parties | THE STATE v. HUGHES. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
The judgment in this case, from which Attorney-General Brien, in behalf of the state, appealed, was rendered at the January term, 1851, of the circuit court for Smith county, Campbell, judge, presiding.
Attorney-General, for the State; J. G. Pickett, for Hughes.
The defendant was indicted in the circuit court of Smith, upon a charge of false imprisonment, by the name of William H. Hughes.He pleaded in abatement that his true name was William B. Hughes, and not William H., as stated in the indictment.Upon demurrer to this plea there was judgment for defendant; and the state has appealed in error to this court.
There is no question but that both the Christian and surname must be truly stated, otherwise the error is matter of abatement.It is said that the indictment may be amended upon a plea of misnomer; it is true that this may, by statute, be done in England, but we are not aware of any practice by which it may be done here.If the grand jury be in session, the indictment may be recommended, and amended by them.
The variance here consists in the initial letter of the middle name.In Franklin v. Talmadge, 5 Johns. 85, it was held that the initial letter between the Christian and surname formed no part of the name, and need not be stated.Co. Lit. 3 a;1 La. Razne, 562.It was once supposed that a person could not have two Christian names (, and if that were so, the initial would be immaterial.But, as the...
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D'Autremont v. Anderson Iron Co.
...initial of the middle name is unimportant, and not fatal to its validity. Railway Co. v. Pierce, 34 Ind. App. 188, 72 N. E. 604;State v. Hughes, 31 Tenn. 261;King v. Clark, 7 Mo. 269. The rule has been declared otherwise, however, where a wrong initial is used, particularly in deeds or othe......
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D'Autremont v. Anderson Iron Co.
...court. 66 Cent. Law J. 338; 14 Enc. Pl. & Pr. 302, and cases cited in note; Cleveland v. Peirce, 34 Ind.App. 188, 72 N.E. 604; State v. Hughes, 31 Tenn. 261; King Clark, 7 Mo. 269; Fanning v. Krapfl, 61 Iowa 417, 14 N.W. 727, 16 N.W. 293; Enewold v. Olsen, 39 Neb. 59, 57 N.W. 765, 22 L.R.A.......
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Russell v. State
...148 Tenn. 682, 257 S.W. 79, but a clear misnomer of the defendant as proscribed by statute (T.C.A. 40--1803), and case law, (State v. Hughes, 31 Tenn. 261), in this State. The indictments in this case are fatally It is unquestionable, under the authority of Gray, supra, that we cannot look ......
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Bolin v. State
...for the record. At any rate there was no plea in abatement for misnomer filed in this case stating the true name as required by State v. Hughes, 31 Tenn. 261, and any possible error in not striking the alias is thereby From the record we do not find any merit in the sixth assignment of erro......