Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment for larceny in a building, with this caption: “ Commonwealth of Massachusetts. Middlesex, to wit. At the superior court begun and holden at Cambridge within and for the county of Middlesex, on the second Monday of February in the year of our Lord one thousand eight hundred and sixty-one; ” averring the commission of the crime on January 17, 1871; and indorsed as follows: “ Superior court, February term 1871, 5th day. Returned by the grand jury and filed in court.
Read the full summary
Indictment for larceny in a building, with this caption: “ Commonwealth of Massachusetts. Middlesex, to wit. At the superior court begun and holden at Cambridge within and for the county of Middlesex, on the second Monday of February in the year of our Lord one thousand eight hundred and sixty-one; ” averring the commission of the crime on January 17, 1871; and indorsed as follows: “ Superior court, February term 1871, 5th day. Returned by the grand jury and filed in court. Jonathan J. Sawyer, Assistant Clerk.” The defendant was arraigned thereon at February term 1871 of the superior court in…
1Opinion of the CourtGray, J.
An indictment which, taken in connection with the certificate indorsed thereon by the clerk at the time of its return into court, distinctly shows the dates of its presentment by the grand jury, and of the commission of the offence charged, is not invalidated by a defective description, in its caption, of the term of court at which it was found. It has already been held that *487an omission, in the caption, of the date of holding the term is immaterial, when the date of its presentment and return is stated in the clerk’s indorsement, and the allegation in the indictment of the time of the…
2Cases cited1 opinion
- Commonwealth v. HinesMassachusetts Supreme Judicial Court · 1869
3Cited by5 opinions
- State v. JenkinsSupreme Court of New Hampshire · 1887
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1874
- Brown v. HudspethCourt of Appeals for the Tenth Circuit · 1939
- State v. RobinsonSupreme Judicial Court of Maine · 1892
- Hunt v. StateIndiana Supreme Court · 1927