Commonwealth v. Tolliver

Massachusetts Supreme Judicial Court

Commonwealth v. Tolliver

74 Mass. 386

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1857

StatusPublished

This text of 74 Mass. 386 (Commonwealth v. Tolliver) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Tolliver, 74 Mass. 386 (Mass. 1857).

Pincite

Opinion

Dewey, J.

In criminal prosecutions of a character like the present, it is unnecessary to prove the place of committing the offence to be precisely in accordance with the allegation in the indictment. Place is immaterial, unless when it is matter of local description, if the offence be shown to have been committed within the county. All that is necessary to be shown is, that the offence was committed at any place within the county. 2 Hawk. c. 25, § 84. 2 Russell on Crimes, (7th Amer. ed.) 799. 1 Archb. Crim. Pl. (5th Amer. ed.) 99. It was no objection therefore to the competency of the evidence offered, that it tended to prove -an assault committed in Chelsea, while the indictment alleged the same to have been committed at Boston, both places being within the county of Suffolk, and equally within the jurisdiction. This rule has been so long recognized and acted upon, that the case presents no new or doubtful question to be solved. Exceptions overruled.

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Dewey, J.

In criminal prosecutions of a character like the present, it is unnecessary to prove the place of committing the offence to be precisely in accordance with the allegation in the indictment. Place is immaterial, unless when it is matter of local description, if the offence be shown to have been committed within the county. All that is necessary to be shown is, that the offence was committed at any place within the county. 2 Hawk. c. 25, § 84. 2 Russell on Crimes, (7th Amer. ed.) 799. 1 Archb. Crim. Pl. (5th Amer. ed.) 99. It was no objection therefore to the competency of the evidence offered, that it tended to prove -an assault committed in Chelsea, while the indictment alleged the same to have been committed at Boston, both places being within the county of Suffolk, and equally within the jurisdiction. This rule has been so long recognized and acted upon, that the case presents no new or doubtful question to be solved. Exceptions overruled.

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Bluebook (online)

74 Mass. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-tolliver-mass-1857.