Commonwealth v. Carr

Decided November 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-11-15

The defendant, having been indicted in the Superior Court for a misdemeanor, pleaded in abatement that his name was Bartholomew Carr, and that he was not, and never had been known by the Christian name of Bartley. The Commonwealth replied that he was known as well by the name of Bartley as by the name of Bartholomew. Issue was joined, and the jury found that he was known as well by the name of Bartley Carr as by the name of Bartholomew Carr.

Cited by 1 later decisions — most recently September 1941

1 state decisions

Relies on Young v. Gilles

Good law ✅— No negative treatment on recordhow we know

Decided 1873-11-15

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Gray, C. J.

¶1All the authorities agree that if one accused of misdemeanor pleads misnomer in abatement, and an issue of fact is joined thereon, and found against him by the jury, he cannot, as matter of right, plead over. 2 Hale P. C. 255, 256. Kinton v. Hopton, Owen, 59; S. C. nom. Kirton v. Williams, Cro. Eliz. 495. The King v. Gibson, 8 East, 107. Barge v. Commonwealth, 3 Penn. 262, 264. Guess v. State, 1 Eng. (Ark.) 147. If his plea in abatement is demurred to, and overruled in matter of law, it is otherwise. Commonwealth v. Golding, 14 Gray, 49 The rule in cases of misdemeanors is the same as in civil actions Young v. Gilles, 113 Mass. 34.

¶2deceptions overruled.