Hayney v. State

Decided January 15, 1843

Supreme Court of Arkansas · decided 1843-01-15

This was an indictment against John Hayney, for an assault and battery on Grimanda C. Saddler, tried in the Yell Circuit Court, in September, 1842, before the Hon. Richard C. S. Brown, one of ■the circuit judges. Evidence of assault and battery on Grimalda C. Saddler Verdict of guilty; and motion for new trial for variance between indictment and evidence overruled. Exceptions, and appeal.

Good law ✅— No negative treatment on recordhow we know

Decided 1843-01-15

How this case has been cited

Cited by 4 later decisions — most recently December 1969

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1By the Court,

Paschal, J.

¶2It is certainly necessary that the name ■of the person assaulted be proved as laid in the indictment; otherwise, the variance is fatal. The names “Grimanda" and “Grimalda?' have certainly not the same sound. Prosecutors are not to be held, as to names, to the correct orthography, but certainly the name in the indictment must be idem sonans with the true name. This is the rule universally laid down, in all works on the subject of criminal proceedings. The Circuit Court then, having, upon the evidence, found the party guilty, contrary to law,ought to have granted the new trial. ■.Case remanded, with instructions to grant a new trial.