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40 Me. 438

State v. Homer

Supreme Judicial Court of Maine

Decided July 1, 1885

Supreme Judicial Court of Maine · decided 1885-07-01

On Exceptions from Nisi Prius, Howard, J., presiding. Indictment.

Cited by 1 later decisions — most recently June 1882

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-07-01

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Appleton, J.

¶1The defendant was indicted for keeping a house of ill fame. The allegations in the indictment are clearly sufficient. They show the commission of an offence *442prohibited by R. S., c. 160, § 15 ; State v. Stevens, (not yet reported); Commonwealth v. Ashley, 2 Gray, 356.

¶2The defendant pleaded in abatement, that her name was Mary Y. Homer and not Mary Homer. If the letter Y is to be regarded merely as the initial letter of the middle name, it may well be questioned whether the plea is sufficient. The name of which, that is the initial letter, should have been set forth in the plea as in Commonwealth v. Perkins, 1 Pick. 388.

¶3Upon the issue raised by the plea in abatement, much evidence was offered. Among other proof adduced, it appeared, that the defendant having been previously indicted by the name of Mary Homer, to that indictment pleaded not guilty. It is true, she was under no obligation, if indicted by a wrong name, to plead the misnomer in abatement. But the fact, that to an indictment by a particular name, she upon her arraignment answered thereto, and pleaded not guilty, was proper for the consideration of the jury.

¶4Motion and exceptions overruled.

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