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82 Mass. 235

Commonwealth v. McAvoy

Massachusetts Supreme Judicial Court

Decided October 15, 1860

Massachusetts Supreme Judicial Court · decided 1860-10-15

Complaint for maliciously breaking glass in a building, the property of Nathan S. Hoard. At the trial in the superior court in Bristol, before Vose, J., the only evidence of the ownership of the building was the testimony of one witness, who occupied it, that she hired it “ of.

Decided 1860-10-15

By the Court.

¶1There was a fatal variance between the name of the owner of the building as stated in the complaint and as proved at the trial. The name of Nathan Hoard is not the same as Nathan S. Hoard. Commonwealth v. Hall, 3 Pick. 262. All the evidence concerning the ownership of the property is stated in the exceptions, and it is wholly insufficient to warrant the inference by the jury that it belonged to Nathan S. Hoard as charged in the complaint.

¶2Exceptions sustained.

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