Massachusetts Supreme Judicial Court, 1896

Commonwealth v. Warren

Massachusetts Supreme Judicial Court · Decided October 23, 1896 · Barker

167 Mass. 53; 44 N.E. 1073; 1896 Mass. LEXIS 19

Cases that cite this one

1 later published case cites this decision.

People v. McDonald (Ill. App. Ct. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Barker, J.

There was evidence that the child whom the defendant assaulted was on several occasions called by the name given to her in the indictment. This was sufficient to make it the province of the jury to determine whether there *55was a variance. Commonwealth v. Gay, 162 Mass. 458. Commonwealth v. Gould, 158 Mass. 499. Commonwealth v. Caponi, 155 Mass. 534.

The question of the identity of the person was not open.

Exceptions overruled.

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