Commonwealth v. McCarthy

This is a complaint under § 206 of the Pub. Sts. c. 112, which provides that “ Whoever wilfully throws or *576shoots a missile at a ... . street-railway car,” shall be punished, &c. The complaint alleges that the defendant “wilfully did throw a certain missile, to wit, a stone,” at a street-railway car. The evidence tended to prove that the defendant threw a billet of wood at a car, but there was no evidence that he threw a stone. The exception is to the refusal of the court to rule that there was a variance between the allegation and the proof.

H. M. Winslow, for the defendant. A. J. Waterman,…