13 R.I. 540 | R.I. | 1882
The defendant was complained of under the name of John Doe, and being arraigned by that name, pleaded not guilty. He thereby waived the misnomer, and the Court of Common Pleas rightly refused to dismiss the complaint on account of it. 1 Bishop on Criminal Procedure, § 677. So, too, the objection to the complaint on account of the omission *541
to add to the name of the defendant his place of residence, or commorancy, ought to have been taken advantage of, if at all, by plea in abatement, or motion to quash, before the plea of not guilty was entered, the latter plea operating in legal effect as a waiver of the objection. 1 Bishop on Criminal Procedure, § 791;State v. McGregor,
The exceptions are overruled, and the cause remanded for sentence.
Exceptions overruled.
