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Thornton v. State

The evidence clearly showed that the name listed on the indictment was another name by which the defendant was known, thus the indictment was not fatally defective.

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Latoya Thornton was charged by accusation with the offense of simple battery. Thornton filed a general demurrer and motion to quash the accusation on the ground that the indictment was fatally defective since it charged “Latoia Jordan,” a person not known to Thornton. The trial court denied Thornton’s motion, concluding the accusation was not rendered defective due to a fatal variance because it charged her as the perpetrator by use of an alias, which constituted a permissible misnomer. This Court granted Thornton’s application for interlocutory appeal. On appeal, Thornton contends the accusation should have been quashed because it charged her with a name by which she is not known. For the reasons that follow, we affirm.

The record shows that in February 2006, Thornton was arrested on the charge of simple battery and transported to the Fulton County Jail, where she was booked under the name “Latoia Jordan.” Thornton admitted that between 2005 and 2012, she had been arrested and transported to the Fulton County Jail at least three times, and each time she was processed under the name Latoia Jordan. Thornton stated that her date of birth was February 7, 1974, and this matched the information on the booking sheet for Latoia Jordan. Following her arrest, Thornton was released on bond.

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