622 THE STATE VS. SMITH. THE STATE VS. SMITH. The law knows of but one Christian name; and it is no misnomer to improperly include or exclude the initial of a middle name. Appeal from Conway Circuit Court. The defendant . was indicted by the name of John B. Smith ; and pleaded in abatement that he was known and called by the name of John Smith and not John B. Smith. The State demurred to the plea ; but the Court overruled the demurrer and the State appealed. CLENDENIN, Attorney General. The law allows of but one christian name ; middle names are disregarded, (2 Cow. 463,) and their omission or insertion incorrectly cannot be pleaded in abatement. 5 John. R. 84. Mr. Justice SCOTT delivered the opinion of the Court. The law knows of but one christian name. The entire omission of a middle letter is not a misnomer or variance. (Litt. 3 a. Lord Raym. 563. 5 John. R. 84. 4 John. R. 119 note a.) .`• The middle letter is immaterial, and a wrong letter may be stricken out or disregarded." (Keene v. Meade, 3 Peters R. p. 9.) The demurrer ought to have been sustained and judgment rendered accordingly. Let the judgment be reversed, and the cause be remanded.
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