Criminal Law As Administered in Massachusetts

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33 (1871). ' C. u. Bail, 15 Pick. 193 (1834).
• C. v. Thompson, 2 Gray, 82 (1854). 8 C. v. McNeill, 19 Pick. 127 (1837).
324 OF CRIMINAL PKOCEDUEE. [Part IV.
take bail in the premises," sufficiently shows it to have been taken at a session for criminal business ; for a ta session for civil business it could not have been taken.^ An allegation that " defendant knowingly received the stolen goods " would have been insufficient but for the words " as more fully ap- pears on the complaint," which s
...et it forth sufficiently.^ The court may allow an amendment of the return of the recogni- zance, showing a different contract from the one set out, after the party's default and an action commenced upon it.^ Where a suit has been commenced on a recognizance to appear to answer to a charge of " arson," and, arson not being a bailable offence, the court had allowed the police justice to file an amended certificate, substituting for " arson " " wilfully burn- ing a shop," and the declaration to be amended accordingly, it was held that though the error was material, and one that would have rendered the recognizance void, the amendment was within the discretion of the court, and so could not be ex- cepted to.* § 408.

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