Commonwealth v. Lord
Massachusetts Supreme Judicial Court
Complaint, under the Pub. Sts. c. 207, § 42, to the Central District Court of Worcester, alleging that the defendant, on January 1, 1886, “ and from thence continually to the sixth day of June in the year eighteen hundred and eighty-seven, was an idle person, then and there having no visible means of support, and living without lawful employment.”
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Complaint, under the Pub. Sts. c. 207, § 42, to the Central District Court of Worcester, alleging that the defendant, on January 1, 1886, “ and from thence continually to the sixth day of June in the year eighteen hundred and eighty-seven, was an idle person, then and there having no visible means of support, and living without lawful employment.” At the trial in the Superior Court, on appeal, before Brigham, C. J., the defendant asked the judge to instruct the jury: “1. The government must prove either that the defendant was guilty of the charge laid in the complaint on January 1, 1886; or…
1Opinion of the Court
By the Court.
It was sufficient to prove that the offence charged was committed during a substantial part of the time named in the complaint. Commonwealth v. Kerrissey, 141 Mass. 110. The use of the word “ continually ” was unnecessary. It does not change or affect the identity of the offence charged, and it may be disregarded as surplusage.
Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. KerrisseyMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Commonwealth v. PeretzMassachusetts Supreme Judicial Court · 1912
- State ex rel. Eveland v. EricksonSouth Dakota Supreme Court · 1921
- Cox v. StateCourt of Criminal Appeals of Texas · 1917
- Territory v. TakamineHawaii Supreme Court · 1913