Alabama Court of Appeals June 21, 1949, 5 Div. 273. (McKinnon v. State)

HARWOOD, Judge.

This appellant was indicted for murder in the second degree, he being named and designated in the indictment as “Arthur McKinnon, whose name is- otherwise unknown to the grand jury.”

Appellant filed a plea of misnomer to the indictment, to which demurrers were sustained.

Pie then filed a verified plea of misnomer which was in the form prescribed by the Code, see Sec.