¶1The question whether one name is idem sonans with another is not a question of spelling, but of pronunciation, depending less upon rule than upon usage, which, when it arises in evidence on the general issue, is for the jury and not for the court, and was rightly submitted to the jury in this case. Commonwealth v. Mehan, 11 Gray, 322, 323. Commonwealth v. Gill, 14 Gray, 400. Exceptions overruled.
95 Mass. 571
Commonwealth v. Donovan
Massachusetts Supreme Judicial Court
Decided November 15, 1866
Massachusetts Supreme Judicial Court · decided 1866-11-15
<p>The question whether Mealy is idem sonans with Malay or Maley, when it arises ir evidence in the trial of an indictment, on the general issue, is for the jury, and not for the court.</p>
Decided 1866-11-15