Commonwealth v. Allen
Massachusetts Supreme Judicial Court
Indictment, in two counts. The first count charged that the defendant, on January 20, 1878, at Lowell, “a certain building, to wit, an elevator building there situate, and then and there the property of one'Ann E. Ayer, feloniously, wilfully and maliciously did set fire to, burn and consume.”
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Indictment, in two counts. The first count charged that the defendant, on January 20, 1878, at Lowell, “a certain building, to wit, an elevator building there situate, and then and there the property of one'Ann E. Ayer, feloniously, wilfully and maliciously did set fire to, burn and consume.” The second count charged that the defendant, at the same time and place, “ a certain building, there situate, to wit, a building then and there used for shops, mechanics’ work-shops, and for an elevator ami then and there called the elevator building, and then and there the property of one Ann E. Ayer,…
1Opinion of the CourtAmes, J.
The motion to quash the indictment was properly overruled. The two counts do not appear to be for different offences, and, for that reason, the St. of 1861, c. 181, requiring an averment that the different counts are different descriptions of the same act, does not apply. That statute was not intended for the case of merely slight verbal changes in the description of property stolen or injured, provided the substantial identity is not affected; but to prevent the objection of misjoinder where the description might at common law be open to that objection. Commonwealth v. O’Connell, 12 Allen,…
2Cases cited3 opinions
- King v. DonahueMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1871
- Morrissey v. InghamMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- McGlasson v. StateCourt of Criminal Appeals of Texas · 1897
- First Galesburg National Bank & Trust Co. v. Federal Reserve BankAppellate Court of Illinois · 1938