Commonwealth v. Buckley
Massachusetts Supreme Judicial Court
Indictment, against John Buckley and John Clune, on the Pub. Sts. e. 202, § 29, alleging that the defendants, on May 14, 1887, at Brockton, verbally threatened to accuse one Frank E. White of having committed the crime of burning a building not his own, with intent to extort money, namely, the sum of $100, from the said Frank E. White.
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Indictment, against John Buckley and John Clune, on the Pub. Sts. e. 202, § 29, alleging that the defendants, on May 14, 1887, at Brockton, verbally threatened to accuse one Frank E. White of having committed the crime of burning a building not his own, with intent to extort money, namely, the sum of $100, from the said Frank E. White. At the trial in the Superior Court, before Thompson, J., it was proved, but the attention of the judge was not called to the fact until after the commencement of the charge, that the name of the person referred to in the indictment as Frank E. White was Frank…
1Opinion of the CourtHolmes, J.
The name of the person threatened is necessary to the identity of the offence charged in the indictment, and *182therefore must be proved as set forth. Commonwealth v. Mehan, 11 Gray, 821. It is settled in this Commonwealth that a middle name or initial is part of the name, and a variance in regard to it is fatal. Commonwealth v. Perkins, 1 Pick. 388. Commonwealth v. Hall, 3 Pick. 262. Commonwealth v. Shearman, 11 Cush. 546. Commonwealth v. McAvoy, 16 Gray, 235. Terry v. Sisson, 125 Mass. 560, 561. The ruling that there was no variance if Frank A. White was the person called Frank E. White in the…
2Cases cited3 opinions
- Terry v. SissonMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. O'HearnMassachusetts Supreme Judicial Court · 1882
3Cited by11 opinions
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Commonwealth v. HaydenMassachusetts Supreme Judicial Court · 1889
- Anderson v. QualeyMassachusetts Supreme Judicial Court · 1913
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