69 So. 236 | Ala. Ct. App. | 1915
Tbe defendant was indicted under tbe name of “Willie Walling,” and be filed a plea of misnomer alleging, among other things, that bis true name was “William Thomas Walling.”
In 29 Cyc. 269, we find the following text, which covers the proposition, to wit: “Where two names have the same original deriviation, 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, Bruley v. Griffith, 35 Va. 442, and other cases cited in note 42, p. 270, of 29 Cyc.
Affirmed.