Legal Opinion

Commonwealth v. Stone

Massachusetts Supreme Judicial Court

Decided November 15, 1869PublishedCited by 6 opinions

Complaint for assault and battery on “ Catherine Marres.” Trial in the superior court, on appeal, and verdict of guilty, before Ames, C. J., who allowed the following bill of exceptions: “ At the trial but one witness was produced on the part of the Commonwealth, and she said that her name was 1 Catherine Mars,’ pronouncing it as one syllable; but she did not say how her name was spelled. She also testified that she was assaulted and beaten by the defendant.

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Complaint for assault and battery on “ Catherine Marres.” Trial in the superior court, on appeal, and verdict of guilty, before Ames, C. J., who allowed the following bill of exceptions: “ At the trial but one witness was produced on the part of the Commonwealth, and she said that her name was 1 Catherine Mars,’ pronouncing it as one syllable; but she did not say how her name was spelled. She also testified that she was assaulted and beaten by the defendant. The defendant contended, on her testimony, that the proof offered was a variance from the charge, and that evidence of an assault on ‘…

1Opinion of the Court

By the Court.

The ruling was in conformity with Commonwealth v. Donovan, 13 Allen, 571.

Exceptions overruled.

2Cited by6 opinions

  1. Macomber v. KinneySupreme Court of Minnesota · 1910
  2. Pye v. StateCourt of Criminal Appeals of Texas · 1912
  3. State v. . CollinsSupreme Court of North Carolina · 1894
  4. Noall v. HalonenWisconsin Supreme Court · 1893
  5. Schlacks v. JohnsonColorado Court of Appeals · 1899

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