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Commonwealth v. McAvoy
82 Mass. 235
| Mass. | 1860
|
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By the Court.

There 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.

Exceptions sustained.

Case Details

Case Name: Commonwealth v. McAvoy
Court Name: Massachusetts Supreme Judicial Court
Date Published: Oct 15, 1860
Citation: 82 Mass. 235
Court Abbreviation: Mass.
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