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Attorney(S)
  • L. A. Farmer, of Dothan, for appellant. The names "Corbitt Kingery" and "Corbert Kingry" are not idem sonans. The plea of misnomer was not subject to demurrer. Prince v. State, 20 Ala. App. 35, 101 So. 174; Campbell v. State, 18 Ala. App. 219, 90 So. 43; Wells v. State, 187 Ala. 1, 65 So. 950; Merlette v. State, 100 Ala. 42, 14 So. 562; Grimmer v. Nolen, 146 Ala. 466, 40 So. 97. Thos. E. Knight, Jr., Atty. Gen. and Jas. L. Screws, Asst. Atty. Gen., for the State. The two names are idem sonans. 45 C.J. 385. Difference in spelling, when two proper names, as ordinarily pronounced, sound the same, is immaterial. Weyms v. State, 13 Ala. App. 297, 69 So. 310; Day Land Cattle Co. v. N.Y. T. Land Co. (Tex.Civ.App.) 25 S.W. 1089; Gentry v. State, 62 Tex.Cr. 497, 137 S.W. 696; Ketland v. Jebering, 14 Fed.Cas. page 433, No. 7,744, 2 Wn.C.C. 201; 21 Alabama and Southern Digest, Names, 16 (2).
Judges
  • RICE, Judge.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • L. A. Farmer, of Dothan, for appellant. The names "Corbitt Kingery" and "Corbert Kingry" are not idem sonans. The plea of misnomer was not subject to demurrer. Prince v. State, 20 Ala. App. 35, 101 So. 174; Campbell v. State, 18 Ala. App. 219, 90 So. 43; Wells v. State, 187 Ala. 1, 65 So. 950; Merlette v. State, 100 Ala. 42, 14 So. 562; Grimmer v. Nolen, 146 Ala. 466, 40 So. 97. Thos. E. Knight, Jr., Atty. Gen. and Jas. L. Screws, Asst. Atty. Gen., for the State. The two names are idem sonans. 45 C.J. 385. Difference in spelling, when two proper names, as ordinarily pronounced, sound the same, is immaterial. Weyms v. State, 13 Ala. App. 297, 69 So. 310; Day Land Cattle Co. v. N.Y. T. Land Co. (Tex.Civ.App.) 25 S.W. 1089; Gentry v. State, 62 Tex.Cr. 497, 137 S.W. 696; Ketland v. Jebering, 14 Fed.Cas. page 433, No. 7,744, 2 Wn.C.C. 201; 21 Alabama and Southern Digest, Names, 16 (2).
Judges
  • RICE, Judge.
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Smart Summary

KINGERY v. STATE.

RICE, Judge.

Appellant was charged under the name of Corbitt Kingery. He duly filed a "plea of misnomer," setting forth that his true name was Corbert Kingry; and that he had never been known nor called by the name under which he was charged.

If we are to be consistent, it would seem that we must hold, as we do, that sustaining the state's demurrer to appellant's said plea was error. See Campbell v. State, 18 Ala. App. 219, 90 So. 43.

The judgment is reversed, and the cause remanded.

Reversed and remanded.

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KINGERY v. STATE
(Jan 15, 1935)