On the trial of an indictment for a second offence of illegally keeping malt liquor for sale, the state may prove a former conviction of the defendant under another name by which he was known and called.
CARPENTER, C. J.
The original complaint and warrant and the minutes indorsed upon the warrant were competent evidence of the former conviction. State v. Cox, post, p. 246.
The defendant could take advantage of the misnomer in the indictment only by a plea in abatement; and to such a plea a replication that he is known as well by one name as the other would be good. 1 Ch. Cr. L. 445, 451; 1 Arch. Cr. L. Pl. 261, 262, n, 267; Whar. Am. Cr. L., ss. 536, 537; Rex v. Berriman, 5 C. P. 601; Commonwealth v. Dedham, 16 Mass. 141, 147; Turns v. Commonwealth, 6 Met. 224; Commonwealth v. Fredericks, 119 Mass. 199; State v. Thompson, 20 N.H. 250.
Judgment, guilty.
All concurred.