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8 Ala. App. 435

Robinson v. State

Alabama Court of Appeals

Decided May 15, 1913

Alabama Court of Appeals · decided 1913-05-15

Heard before Hon. J. C. B. Gwin. James M. Robinson was convicted of keeping a gaming table, and be appeals. The indictment charged that Jim Robertson, alias Jim Robinson, whose name to the grand jury is otherwise unknown, etc., kept, exhibited, or was interested in keeping or exhibiting a gaming table for gaming. The plea set up that his name was not Jim Robinson, and that- he had always been known and called James M. Robinson, or Jim M. Robinson, but nothing else.

Relies on Alabama Consolidated Coal & Iron Co. v. Heald · Kramer v. Compton · Lewy Art Co. v. Agricola

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-05-15

How this case has been cited

Cited by 8 later decisions — most recently December 1978

8 state decisions

401913192019301940195019601970decided

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.

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PELHAM, J.

¶1— The defendant’s plea of misnomer in effect admitted that the name by which the defendant was indicted was his true name, for it set up his true name to be “James Robinson and that he has always been known and called James M. Robinson or Jim M. Robinson,” and the defendant was indicted under an alias dictus alleging his name to be Jim Robinson. Omission of the middle initial “M” was not material.— Taylor v. State, 100 Ala. 68, 14 South. 875; Woods v. State, 133 Ala. 162, 31 South. 984. If the grand jury returning the indictment had knowledge of facts as to the true name of the defendant, which was stated contra and as “otherwise unknown,” this was a matter that could have been availed of by the, defendant under the plea of not guilty, and no effort is shown to have been made on the trial to offer proof to establish such fact.

¶2The objections made to the testimony of the state’s witness Párker are shown not to have been made to the questions, but to the answers of the witness. The an-SAvers for anything appearing were responsive to ques*437tions propounded to the witness, and a party is not permitted thus to speculate on what the testimony will be, and then move to exclude it. — Kramer v. Compton, 166 Ala. 216, 52 South. 351; Lewy Art Co. v. Agricola, 169 Ala. 60, 53 South. 145; A. C. C. & I. Co. v. Heald, 168 Ala. 626, 53 South. 162.

¶3There was sufficient evidence showing, or having a tendency to show, the guilt of the defendant of the offense charged to authorize a submission of that question to the jury, and the court properly refused to exclude the evidence on defendant’s motion, and correctly declined to give the general charge requested by him.

¶4We discover no error, and the judgment appealed from will be affirmed.

¶5Affirmed.

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