Indictment, against the defendant, under the name Francis Narcarm, for a second offence of illegally keeping malt liquor for sale. Facts agreed. The alleged former conviction was of the defendant under the name Ferrin Narcarm, before a police court. The only record of the conviction was the original complaint and warrant, with minutes indorsed upon the warrant by the clerk of the court, showing that the defendant pleaded guilty and was fined.
Good law ✅— No negative treatment on recordhow we know
Decided 1897-12-05
How this case has been cited
Cited by 3 later decisions — most recently January 1929
3 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.
¶1
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.
¶2
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. & PI. 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.
