Walling v. State
| Decision Date | 17 June 1915 |
| Docket Number | 378 |
| Citation | 69 So. 236,13 Ala.App. 253 |
| Parties | WALLING v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Coffee County; H.A. Pearce, Judge.
Willie Walling was convicted of using abusive or insulting language, and he appeals. Affirmed.
J.A. Carnley, of Elba, for appellant.
W.L. Martln, Atty. Gen., and W.H. Mitchell, Asst. Atty. Gen., for the State.
The defendant was indicted under the name of "Willie Walling," and he filed a plea of misnomer alleging, among other things, that his true name was "William Thomas Walling."
Ignoring, as the law requires, the middle name, "Thomas," given in the plea (Smith v. State, 8 Ala.App. 192, 62 So. 575), the solicitor's demurrer to the plea, which demurrer the court sustained, upon the ground, as stated in the demurrer, that the names "Willie" and "William" are one and the same in law.
While the statement that the names "Willie and "William" are one and the same in law is not always nor literally true, since "Willie" is often used as a distinct name from "William," and as the real Christian name of a girl, yet when the name "Willie" is applied, as here, to a male, we know judicially, as a matter of common knowledge, it to be used as a corruption of "William," and hence the two are in this case the same in law, as was asserted in the demurrer.
In 29 Cyc. 269, we find the following text, which covers the proposition, to wit:
"Where two names have the same original derivation, or where one of such names is a contraction or corruption of the other name, and in common usage they are considered one and the same, the use of one name for the other is entirely immaterial."
See, for application of the doctrine, Burley v. Griffith, 35 Va. 442, and other cases cited in note 42, p. 270, of 29 Cyc.
Affirmed.
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James v. State
... ... Jane Smith. There was testimony tending to show that her name ... was Doris Jean Smith. This does not constitute error ... Variance in the middle name is immaterial. 45 C.J. p. 369; ... Reid v. State, 168 Ala. 118, 53 So. 254; Fannin ... v. State, 20 Ala.App. 122, 101 So. 95; Walling v ... State, 13 Ala.App. 253, 69 So. 236 ... (3) It ... is contended that various remarks of the solicitor were ... highly improper and prejudicial to the defendant. In one ... instance in the argument to the jury the solicitor said, ... 'People don't stay in the penitentiary.' On ... ...
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H.R.&C. Co. v. Smith
...v. Desney, supra, we refer to Lessee of Gordon v. Holiday, Fed. Cas. No. 5610, 1 Wash. C. C. 285, as to Harry and Henry; Walling v. State, 69 So. 236, 13 Ala. App. 253, as to Willie and William; Burley v. Griffith, 8 Leigh (Va.) 442, as to Bill and William; Styles v. Scotland & Co., 134 N. ......
- Moton v. State
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Sanderson v. State, 6 Div. 175.
...by this court where it was held that Willie and William, where the individual is a male person, are one and the same. Walling v. State, 13 Ala.App. 253, 69 So. 236. the above, we conclude that in an indictment alleging the name of a deceased person to be William, proof that he was generally......