Goscinsky

People v. Goscinsky

Good Law
1921 Cal. App. LEXIS 114·52 Cal. App. 62·198 P. 40
Court of Appeal of CaliforniaMarch 25, 1921Crim. No. 946.California1,045 words

Opinion

Lead Opinion

Kerrigan, J.

This is an appeal from the judgment and from an order denying a motion for a new trial in a criminal prosecution wherein the defendant and appellant was charged with the offense of practicing a system and mode of treating the sick and afflicted without having at the time of so doing a valid, unrevoked certificate from the board of medical examiners of the state of California.

[1] The information charged the defendant by the name of A. G. Goscinsky, and upon arraignment the defendant stated his name to be A. C. Goscinsky, and thereafter the proceedings were conducted in that name; but during the trial, when called and examined as a witness, the defendant gave his name as Alfred C. Goscinsky. However, the pro eeedings continued in the name given by the defendant upon his arraignment.

The law recognizes only one Christian name; and it has been often held that a mistake in or omission of a middle initial or name is immaterial; but there is a conflict in the authorities as to the sufficiency of the use of initials in lieu of the given name. (29 Cyc. 265, 269.) Assuming that from the time when it appeared that the letter A in the defendant’s name as given by him stood for Alfred the…

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