
    
      {Note of Case.)
    
    United States v. Spintz.
    
    
      (Circuit Courts, S. D. Georgia, W. D.
    
    October Term, 1883.)
    1. JblNJlEIt OF OFFENSES.
    Counts in an indictment under sections 392¿ and 3924 of the Revised Statutes may be properly joined, under section 1024, although the former be a misdemeanor and the latter a felony.
    2. Idem SoNAns.
    Spintz and Sprinz are not idem nonane*
    
    Demurrer, Plea of misnomer.
    
      8. A. Darnell, Dist. Atty., for tlie United States.
    
      HIM ct* Harris, for defendant.
    Before Hon. Jaaies W. Logke, D. J., presiding by designation.
    
      
       Reported by W. B. Hill, Esq.., of the Macon bar. ¡
    
   The defendant demurred to the indictment for misjoinder. The court overruled the demurrer, as stated in head-note 1. See U. S. v. Wentworth, 11 Fed. Rep. 52; U. S. v. Malone, 9 Fed. Rep. 900; U. S. v. Stone, 8 Fed. Rep. 252; U. S. v. Ancarola, 1 Fed. Rep. 677.

Defendant pleaded misnomer; that he was indicted as Joseph Spintz, and that his true name is Joseph Sprinz; and that he was known only by his true name. The district attorney demurred to the plea, hut the demurrer was overruled, as stated in head-note 2. See Arelib. Grim. PI. & Pr. 82; Lynes v. State, 30 Amer. Dec. 557; 39 Amer. Dec. 457; 28 Amer. Rep. 439, note.  