Commonwealth v. Caponi
Massachusetts Supreme Judicial Court
Indictment, alleging that the defendant, on December 17, 1885, in Italy, was lawfully married to one “Della Iacone Maria Grazia”; and that he, on June 2, 1891, at Quincy in this Commonwealth, unlawfully married one Angelina Campani.
Read the full summary
Indictment, alleging that the defendant, on December 17, 1885, in Italy, was lawfully married to one “Della Iacone Maria Grazia”; and that he, on June 2, 1891, at Quincy in this Commonwealth, unlawfully married one Angelina Campani. At the trial in the Superior Court, before Sherman, J., the government offered evidence tending to prove the marriage of the defendant with the woman called Dello Iacone Maria Grazia in the indictment, and his cohabitation with her in Italy in 1887-88. One witness testified that the name of this woman was Maria Gracia Dello Iacone, the last two names constituting…
1Opinion of the Court
Barker,, J.
1. The refusal to rule that there was a variance was correct. There was evidence tending to prove the first marriage, as alleged in the indictment, with Dello Iacone Maria Grazia; the fact that the witness testified that the true name of that person was Maria Gracia Dello Iacone merely raised a question for the jury. Commonwealth v. Gormley, 133 Mass. 580, and cases cited.
2. The exception to that branch of the charge which dealt with the question of the second marriage must be overruled. There was abundant evidence to authorize the jury to find all the facts necessary to justify…
2Cases cited3 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- Meyers v. PopeMassachusetts Supreme Judicial Court · 1872
3Cited by12 opinions
- State v. WilkinsOregon Supreme Court · 1914
- State v. RockerSupreme Court of Iowa · 1906
- Commonwealth v. SzczukaMassachusetts Supreme Judicial Court · 1984
- Gallagher v. GoldsteinMassachusetts Supreme Judicial Court · 1988
- State v. MorganSupreme Court of Louisiana · 1920
7 more not listed; retrieve them via the Exa API.