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109 Mass. 359

Doherty v. Commonwealth

Massachusetts Supreme Judicial Court · decided 1872-03-15

<p>rt is not error that the record In a criminal case states the proceedings to have been had “ at the superior court for the Commonwealth of Massachusetts,” although the true name of the court is “ the superior court.”</p> <p>A record which sets forth that J. S. was convicted of maintaining a common nuisance, that the case was continued for sentence, and that at the next term u J. S., convict as aforesaid,” was sentenced, sufficiently shows for what offence he was sentenced.</p> <p>In the record of a criminal case, the certificate of the indictment by the foreman of the grand jury need not be inserted.</p>

Decided 1872-03-15

Chapman, C. J.

¶1The first error assigned is, that the caption of the record describes the court as “ the superior court for the Commonwealth of Massachusetts,” whereas its true name is “ the superior court.” But if the additional words were not properly used in describing the court, they would mislead no one, as it is a court of general jurisdiction; and they might be rejected as surplusage.

¶2The second error assigned, namely, that no offence is sufficiently charged, is waived.

¶3The third error assigned is, that it does not appear for what offence or cause the plaintiff in error was sentenced. The record recites the conviction of the plaintiff of the offence of keeping a nuisance, a continuance of the cause for sentence, and that on the day stated “ it is considered and ordered by the court that the said Thomas Doherty, convict as aforesaid, be punished by the payment of a fine of fifty dollars,” &c. It thus sufficiently appears what the conviction and sentence were for, and that both were for the same thing.

¶4The fourth error assigned is, that the indictment does not appear by the record to be certified or otherwise signed. The answer to this is, that in the record the signature or certificate of the foreman need not appear. 1 Bishop Crim. Proc. (2d ed.) § 1176.

¶5 Judgment affirmed.

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