Massachusetts § 35 Variance; prejudice

Massachusetts Statutes

§ 35 — Variance; prejudice

Massachusetts § 35

Part IVCRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

Title IIPROCEEDINGS IN CRIMINAL CASES

Ch. 277INDICTMENTS AND PROCEEDINGS BEFORE TRIAL

This text of Massachusetts § 35 (Variance; prejudice) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 277, § 35 (2026).

Text

Section 35. A defendant shall not be acquitted on the ground of variance between the allegations and proof if the essential elements of the crime are correctly stated, unless he is thereby prejudiced in his defence. He shall not be acquitted by reason of an immaterial misnomer of a third party, an immaterial mistake in the description of property or the ownership thereof, failure to prove unnecessary allegations in the description of the crime or any other immaterial mistake in the indictment.

Free access — add to your briefcase to read the full text and ask questions with AI

Section 35. A defendant shall not be acquitted on the ground of variance between the allegations and proof if the essential elements of the crime are correctly stated, unless he is thereby prejudiced in his defence. He shall not be acquitted by reason of an immaterial misnomer of a third party, an immaterial mistake in the description of property or the ownership thereof, failure to prove unnecessary allegations in the description of the crime or any other immaterial mistake in the indictment.

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

Massachusetts § 35, Counsel Stack Legal Research, https://law.counselstack.com/statute/ma/277/35.