7 Ark. 622
Decided January 15, 1852
Supreme Court of Arkansas · decided 1852-01-15
The defendant was indicted by the name of John B. Smith; and pleaded in abatement that he was known and called by the name of John Smith and not John B. Smith. The State demurred to the plea; but the Court overruled the demurrer and the State appealed. The law allows of but one Christian name; middle names are disregarded, (2 Cow. 463,) and their omission or insertion incorrectly cannot be pleaded in abatement. 5 John. R. 84.
Decided 1852-01-15
¶1delivered the opinion-of the Court.
¶2The law knows of but one Christian name. The entire omission of a middle letter is not a misnomer or variance. (Litt. 3 a. 1 Lord Raym. 563. 5 John. R. 84. 4 John. R. 119 note a.) “The middle letter is immaterial, and a wrong letter may be stricken out or disregarded.” (Keene v. Meade, 3 Peters R. p. 9.) The demurrer ought to have been sustained and judgment rendered accordingly.
¶3Let the judgment be reversed, and the cause be remanded,