In Culpepper v. State 173 Ga. 799 (161 SE 623) (1931), the accusation was styled in the defendant's correct name (Ed C. Culpepper), but the body of the accusation charged one "Ed C. Magruder" (Magruder having been the surname of the prosecutor) with the offense laid. The defendant did not, however, challenge the accusation on this ground until after all evidence had been introduced at trial. The question presented was whether the defect rendered the accusation null and void, so that the defendant had not waived the defect. Our Supreme Court answered this question in the affirmative, concluding: In the view which we take of this case, misnomer of Ed C. Culpepper is not involved. Misnomer is a mistake in a name, the giving of an incorrect name to a person in an accusation, indictment, pleading, or other instrument. Culpepper was not named by misnomer in this accusation. The defect in the accusation is that it did not name Culpepper as the perpetrator of the crime in the charging part thereof or elsewhere therein, by a misnomer or otherwise. The trouble is that it designated a distinct and separate person as the perpetrator of the offense. The surname of the defendant must be alleged in the charging part of the accusation, and its omission therefrom is fatal to the accusation or indictment. 173 Ga. at 799-800.