State v. Martin
| Decision Date | 31 January 1847 |
| Citation | 10 Mo. 391 |
| Parties | STATE v. MARTIN. |
| Court | Missouri Supreme Court |
STRINGFELLOW, for State.
HAYDEN & WILSON, for Defendant. The defendant insists that although the State might have replied that defendant was known as well by the name of “William,” as “John William,” yet the plea being good on its face, the court below commited no error in overruling the demurrer. See 1 Chitty's Pl.; 1 Chitty's Crim. Law.
Martin was indicted by the grand jury of Platte county for gaming, by the name of William Martin. He pleaded in abatement that “he is named and is called John William Martin,” &c. To this plea the circuit-attorney filed a general demurrer, which was overruled by the Circuit Court, and the case is brought here by the State on writ of error.
It has been held, and we think correctly, that the middle name of an individual forms no part of the christian name. If this be correct, then the indictment cannot be sustained, as it only sets out the middle name, and does not give the christian name at all. Difficulties and confusion frequently arise growing out of the multiplicity of names given to individuals, and by which they are known; to obviate this, they should be named as they are generally called in society, and then if they plead in abatement, the plaintiff can reply the fact and maintain his action. See 5 Durn. & East, 195, where the defendants' christian names were transposed and the transposition held had on demurrer. Judgment affirmed.
To continue reading
Request your trial
-
The State v. Stokes
... ... promise of marriage made to her by Frank Stokes. State v ... Stephens, 199 Mo. 261; State v. Manning, 168 ... Mo. 418; State v. Edwards, 70 Mo. 480; Kinney v ... State, 21 Tex. 348, 17 S.W. 423; Davis v ... State, 60 Tex. Cr. R. 108, 131 S.W. 315; State v ... Martin, 10 Mo. 391; State v. Mitchell, 25 Mo ... 420; State v. Clinkenbeard, 135 Mo.App. 189. Nor is ... the name Slokes idem sonans with the name Stokes. The ... following names have been held not to be idem sonans: ... "Whelan" and "Wheler," Whelan v. Weaver, ... 93 Mo. 430; "Miller" and ... ...
-
State ex rel. Lane v. Corneli
...to individuals, and by which they are known; to obviate this, they should be named as they are generally called in society." [State v. Martin, 10 Mo. 391, 392; State v. Curran, 18 Mo. 320, We think it is apparent, therefore, that if we considered the matter, as presented by the parties, we ......
-
Beckner v. McLinn
...her name may have been Mary A. Byers, the middle letter is no part of the name, and its insertion or absence makes no difference. State v. Martin, 10 Mo. 392; Phelps Evans, 64 Mo. 17; State v. Black, 12 Mo.App. 531; Steinman v. Strimple, 29 Mo.App. 478. The case of Skelton v. Sackett, 91 Mo......
-
State v. Hands
...50 S.W.2d 1024, 1026. Further, it has often been held that 'the middle name of an individual forms no part of the Christian name.' State v. Martin, 10 Mo. 391; Keaton v. Jorndt, 220 Mo. 117, 133, 119 S.W. 629; Miller v. Keaton, 236 Mo. 694, 710, 139 S.W. 158. The record showed the age and d......