Freeland

Mr. Justice Terry concurred.

The defendant was indicted and convicted of the crime of murder.

The first ground of error assigned is, that the indictment does not charge any offence to have been committed, in this, that the deceased is described as “ one Greek George,” and it is not charged that this is the name of a person, or a name by which the deceased was commonly known. The general rule in framing indictments is to insert the true name of the party, if it be known; if not, the name by which such person is usually designated or distinguished, or iñ case he is not known by any name, to allege the fact in the indictment.

It has never been held that it was necessary to allege that the deceased was a sentient being, and for aught we know “ Greek George” may be the name of a man with as much propriety as any other name or appellation used to denote persons; both words may be used as patronymics or Christian names. It is unnecessary however to enter into any philological examination of this matter, as the evidence abundantly shows that the deceased was known by the name by which he is described in the indictment, and the instructions of the Court were correct upon this…