Espey v. State

1 Citing case

  1. Huddleston v. State

    64 So. 2d 90 (Ala. Crim. App. 1953)   Cited 37 times

    The question of a variance between the name set out in the indictment and that shown by the proof is first presented by the request for the general affirmative charge. The holding of this court in the case of Espey v. State, 31 Ala. App. 351, 17 So.2d 430, 431, is here applicable: "Moreover, under the rule of idem sonans, declared in Underwood v. State, 72 Ala. 220, 222, the trial court must be sustained in the ruling.