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26 Ala. App. 283

158 So 768

Kingery v. State

Alabama Court of Appeals

Decided January 15, 1935

Alabama Court of Appeals · decided 1935-01-15

Cited by 3 later decisions — most recently June 1939

3 state decisions

Relies on 18 Ala. App. 219 - Campbell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-01-15

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RICE, Judge.

¶1 Appellant was charged under the name of Corbitt Kingery. I-Ie 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.

¶2 If we are to he 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.

¶3 The judgment is reversed, and the cause remanded.

¶4 Reversed and remanded.

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