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117 Ala. 131

Rufus v. State

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Tried before tlie Hon. James T. Beck. Tlie appellant was indicted for an assault and battery upon one John Cook with a knife. The indictment charged “John Rufus” with the offense.

Cited by 1 later decisions — most recently October 1918

1 state decisions

Relies on Brown v. State · Page v. State · Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

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McCLELLAN, J.

¶1The trial judge committed no error in finding from the evidence before him that the defendant was known as John Rufus as well as John Rufus George, and that he was as well known by the former of these names as the latter. It was not material that his real surname .was George, and that both the names “John” and “Rufus” were originally Christian names, when, as averred in the replication in effect, and shown by the testimony, the name “Rufus” had come to be regarded as his surname, and he was so known.

¶2The court did not err .in excluding testimony as to Cook’s dangerous and “fussy” character; the defendant being clearly at fault in respect of bringing on the difficulty. Johnson v. State, 69 Ala. 253; Page v. State, 69 Ala. 229; Brown v. State, 74 Ala. 42.

¶3Affirmed,

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