Commonwealth v. White
Massachusetts Supreme Judicial Court
Complaint to a trial justice, alleging that the defendant “ with force and arms in and upon the body of Timothy Harrington an assault did make, and him did then and there threaten to shoot with a gun, which he then and there pointed and aimed at said Harrington.”
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Complaint to a trial justice, alleging that the defendant “ with force and arms in and upon the body of Timothy Harrington an assault did make, and him did then and there threaten to shoot with a gun, which he then and there pointed and aimed at said Harrington.” At the trial, on appeal, in the Superior Court, before Pit-man, J., the Commonwealth introduced evidence tending to show that the defendant was driving in a wagon along a highway which Harrington, one Sullivan and others were repairing; that Sullivan called out to the defendant to drive in the middle of the road; that the defendant…
1Opinion of the CourtWells, J.
The first ruling prayed for raised, in effect, a question of variance.
In criminal proceedings generally, if an offence, which is sufficiently set forth in the complaint, is made out by the proofs, it will warrant a conviction of that offence, although of less gravity or degree than the whole charge. Matters of aggravation are not essential to a conviction ; neither are averments as to the mode of *409commission, or the implement used; and allegations of such incidents need not be strictly proved, unless they are descriptive and therefore necessary to the identification of the act charged as an…
2Cited by46 opinions
- Commonwealth v. DelgadoMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. RichardsMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. PorroMassachusetts Supreme Judicial Court · 2010
- Sousa v. United StatesDistrict of Columbia Court of Appeals · 1979
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