Commonwealth v. McMahon

133 Mass. 394, 1882 Mass. LEXIS 232

• Court: Massachusetts Supreme Judicial Court
• Decided: October 2, 1882
• Status: Published

Opinion

Morton, C. J.

Neither of the reasons assigned for arresting the judgment can prevail. The complaint is dated by mistake on the twenty-fifth day of June, 1882; but the dates of the jurat and of the warrant show that it was made and sworn to on the twenty-fifth day of May, 1882, thus furnishing internal and plenary evidencé that the complaint was duly made before the arrest and trial, and that the date of the complaint was a mere clerical error, which could not mislead the defendant. Donahoe v. Shed, 8 Met. 326.

The mistake in describing the complainant in the body of the complaint as “ Austin W. Thayer ” was also clearly a clerical one. The signature to the complaint, the jurat and the warrant show that the complainant was Austin W. Kellogg. Such a clerical error, which cannot mislead or prejudice the defendant, furnishes no reason for arresting the judgment against him. Commonwealth v. Eagan, 103 Mass. 71. Commonwealth v. Randall, 4 Gray, 36. Judgment affirmed.