If the name of any defendant is unknown, he or she may be designated by any description by which he or she can, with certainty, be identified, and if, upon arrest, he or she shall refuse to disclose his or her true name, he or she may be tried and convicted by the designation used in the warrant. But where the true name of any defendant is known to the Magistrate or can be ascertained by him or her, it shall be the duty of such Magistrate to place the same upon his or her docket, and the defendant shall be tried under such name.
(Prior Code, Chapter 22, § 5)