Buford v. State , 21 Ala. App. 229 ( 1925 )

After defendant had 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.