Commonwealth v. Carr
Massachusetts Supreme Judicial Court
The defendant, having been indicted in the Superior Court for a misdemeanor, pleaded in abatement that his name was Bartholomew Carr, and that he was not, and never had been known by the Christian name of Bartley. The Commonwealth replied that he was known as well by the name of Bartley as by the name of Bartholomew. Issue was joined, and the jury found that he was known as well by the name of Bartley Carr as by the name of Bartholomew Carr.
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The defendant, having been indicted in the Superior Court for a misdemeanor, pleaded in abatement that his name was Bartholomew Carr, and that he was not, and never had been known by the Christian name of Bartley. The Commonwealth replied that he was known as well by the name of Bartley as by the name of Bartholomew. Issue was joined, and the jury found that he was known as well by the name of Bartley Carr as by the name of Bartholomew Carr. The defendant then moved for leave to plead not guilty. The court refused the motion, and the defendant alleged exceptions.
1Opinion of the CourtGray, C. J.
All the authorities agree that if one accused of misdemeanor pleads misnomer in abatement, and an issue of fact is joined thereon, and found against him by the jury, he cannot, as matter of right, plead over. 2 Hale P. C. 255, 256. Kinton v. Hopton, Owen, 59; S. C. nom. Kirton v. Williams, Cro. Eliz. 495. The King v. Gibson, 8 East, 107. Barge v. Commonwealth, 3 Penn. 262, 264. Guess v. State, 1 Eng. (Ark.) 147. If his plea in abatement is demurred to, and overruled in matter of law, it is otherwise. Commonwealth v. Golding, 14 Gray, 49 The rule in cases of misdemeanors is the same as in…
2Cases cited1 opinion
- Young v. GillesMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Krinsky v. Stevens Coal Sales Co.Massachusetts Supreme Judicial Court · 1941