69 So. 359 | Ala. Ct. App. | 1915
The indictment avers that “Rich Olivere, whose name is otherwise unknown to the grand jury,” sold spirituous, vinous, or malt liquors without a license and contrary to law. To this indictment the defendant filed a plea of misnomer, averring “that his name is not ‘Rich Olivere/ and that he Avas never known or called by that name, but that his name is and always was ‘Richard Oliveri/ and he has always been knoAvn and called by that name.”
The defendant, testifying in his own behalf, testified that his name was “Rich or Richard Oliveri,” and that he had never spelled his name “Olivere.” The evidence also- shows without dispute that the defendant was known and called by the name of “Richard,”- and also
The court sustained a demurrer to. the defendant’s plea on the ground, among others, “that same does not constitute a good plea,” and he now insists that the sustaining of this demurrer was prejudicial error.
Therefore, conceding that the ruling of the court was erroneous, it is not probable that the error injuriously
This evidence sustained the averments of the indictment, and, in the absence of proof showing that the averments as to the defendant’s name were untrue, charge 2, refused to defendant, Avas abstract and well refused.
We find no error in the record, and the judgment must be affirmed.
Affirmed.