Legal Opinion

Commonwealth v. White

Massachusetts Supreme Judicial Court

Decided October 15, 1872PublishedCited by 46 opinions

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

  1. Commonwealth v. DelgadoMassachusetts Supreme Judicial Court · 1975
  2. Commonwealth v. RichardsMassachusetts Supreme Judicial Court · 1973
  3. Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
  4. Commonwealth v. PorroMassachusetts Supreme Judicial Court · 2010
  5. Sousa v. United StatesDistrict of Columbia Court of Appeals · 1979

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