Alabama Court of Appeals, 1925

Buford v. State

Buford v. State
Alabama Court of Appeals · Decided December 15, 1925 · Samford
108 So. 74; 21 Ala. App. 229 (Southern Reporter)

Buford v. State

Opinion of the Court

SAMFORD, J.

After defendant haa been arraigned and pleaded not guilty to the indictment, he offered a plea of misnomer. This, being a plea in abatement, should have been filed before the plea of not guilty, and the refusal of the trial judge to set aside the plea of not guilty and permit the plea of misnomer to be filed was the exercise of a discretion which will not be here revised. Whittle v. State, 89 So. 43, 205 Ala. 639.

We find no error in the record, and the judgment is affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.