Green v. Commonwealth
Massachusetts Supreme Judicial Court
Wbits of ebbob to reverse judgments of trial justices. In the first ease it appeared by the record that the defendant was tried on a complaint alleging that he “ did feloniously take and steal ” some hay, “ against the peace of said Commonwealth and the form of the statute in such cases made and provided ; ” and that he was adjudged guilty. The error assigned was that the complaint contained no averment that the hay was carried away by the defendant.
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Wbits of ebbob to reverse judgments of trial justices. In the first ease it appeared by the record that the defendant was tried on a complaint alleging that he “ did feloniously take and steal ” some hay, “ against the peace of said Commonwealth and the form of the statute in such cases made and provided ; ” and that he was adjudged guilty. The error assigned was that the complaint contained no averment that the hay was carried away by the defendant. Plea, in nullo est erratum. In the second case it appeared by the record that the defendant was tried on a complaint, headed “ Middlesex, ss.,”…
1Opinion of the Court
Chapmaít, C. J.
In a complaint or indictment for stealing, which is technically and formally drawn, the words “ steal, take and carry away ” should be • used. Commonwealth v. Adams, 7 Gray, 43. An opportunity should be given to a defendant in a criminal case to make all technical and formal objections to a complaint or indictment, upon which he is to be tried. But the time within which he may make such objections may properly be limited by statute, without violating Article XII. of the Declaration of Rights. Commonwealth v. Walton, 11 Allen, 238. The St. of 1864, c. 250, § 2, is not such…
2Cited by10 opinions
- Rich v. United Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1951
- State v. MilesSupreme Court of Missouri · 1967
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1874
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