Commonwealth v. Trainor
Massachusetts Supreme Judicial Court
At the trial in the Superior Court, before Dewey, J., Rooney testified that his name was Andrew D. Rooney, but, upon cross-examination, that he was baptized by the name of Andrew Rooney ; that he was known by that name, and none other, until he arrived at the age of ten years, when he was about to be confirmed in the Roman Catholic Church; that he then told a priest of that church that his name was Andrew Daniel Rooney, and he was confirmed by the bishop by this last name;…
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At the trial in the Superior Court, before Dewey, J., Rooney testified that his name was Andrew D. Rooney, but, upon cross-examination, that he was baptized by the name of Andrew Rooney ; that he was known by that name, and none other, until he arrived at the age of ten years, when he was about to be confirmed in the Roman Catholic Church; that he then told a priest of that church that his name was Andrew Daniel Rooney, and he was confirmed by the bishop by this last name; that, since the time of his confirmation, he sometimes gave and wrote his name as Andrew Rooney, and at other times…
1Opinion of the Court
Norfolk.
Complaint under the St. of 1875, e. 99, charging the defendant with a single sale of intoxicating liquor to “ Andrew D Rooney.”
The defendant requested the judge to rule as follows: “ 1. A mistake in the name of the person to whom the alleged sale was made is a fatal variance. 2. Rooney should be described in the *415complaint by his true Christian name, which is Andrew, and not Andrew D. A fictitious Christian name is not sufficient. 3. The Christian name is that part of one’s name which precedes the surname, and it is the name given at the time of baptism. 4. Rooney inserted the letter…
2Cited by16 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. Van TasselSupreme Court of Iowa · 1897
- People v. Leong QuongCalifornia Supreme Court · 1882
- Commonwealth v. SeeleyMassachusetts Supreme Judicial Court · 1896
- State v. MyrbergWashington Supreme Court · 1909
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