Commonwealth v. O'Hearn
Massachusetts Supreme Judicial Court
Complaint by Charles J. Rock, that the defendant, at a time and place named, unlawfully sold intoxicating liquors “ to Charles Rock aforesaid.”
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Complaint by Charles J. Rock, that the defendant, at a time and place named, unlawfully sold intoxicating liquors “ to Charles Rock aforesaid.” At the trial in the Superior Court, before Staples, J., Charles J. Rock testified to a sale to himself by the defendant of intoxicating liquor at the time and place alleged; and further testified as follows: “ I was baptized as Charles J. Rock; that is my proper name; I am the complainant in this complaint; I write my name Charles Rock; I am called Charles Rock; I am as well kn'own by the name of Charles Rock as of Charles J. Rock.” The defendant…
1Opinion of the CourtDevens, J.
The word “ aforesaid,” which follows the name of Charles Rock in the body of the complaint, must either receive its full force, and (this being given to it) describe thus the person who has before been called Charles J. Rock, or it must be discarded as surplusage.
In the former case, the person to whom the sale is averred to have been made is sufficiently identified with the complainant. Commonwealth, v. Melling, 14 Gray, 388. Commonwealth v. Hagarman, 10 Allen, 401. In the latter case, the complaint would aver a sale made to Charles Rock, who might or might not be shown to be the same person…
2Cited by6 opinions
- Finnegan v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Commonwealth v. BuckleyMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- Young v. JewellMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. AzerMassachusetts Supreme Judicial Court · 1941
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