Commonwealth v. Warren
This text of 44 N.E. 1073 (Commonwealth v. Warren) 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.
Opinion
There was evidence that the child whom the defendant assaulted was on several occasions called by the name given to her in the indictment. This was sufficient to make it the province of the jury to determine whether there [55]*55was a variance. Commonwealth v. Gay, 162 Mass. 458. Commonwealth v. Gould, 158 Mass. 499. Commonwealth v. Caponi, 155 Mass. 534.
The question of the identity of the person was not open.
Exceptions overruled.
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Cite This Page — Counsel Stack
44 N.E. 1073, 167 Mass. 53, 1896 Mass. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-warren-mass-1896.