People v. Gordon

Suit was commenced upon a forfeited recognizance.

Upon the trial objections were made that there was a variance between the allegations in the declaration and the recognizance offered in evidence, and that the latter was fatally uncertain and defective.

In the declaration Gordon was charged with having, at a time and place mentioned, “feloniously and burglariously broken and entered” with intent, etc., while the language of the recognizance was- that he “did break and enter.” These objections were not well taken. The recitals in substance are alike, and the charge as set forth .in the…