Commonwealth v. Trainor

• Decision Date: 28 November 1877
• Citation: 123 Mass. 414
• Parties: Commonwealth v. Bernard F. Trainor
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

123 Mass. 414

Commonwealth v. Bernard F. Trainor

Supreme Court of Massachusetts

November 28, 1877

Norfolk. Complaint under the St. of 1875, c. 99, charging the defendant with a single sale of intoxicating liquor to "Andrew D Rooney."

At the trial in the Superior Court, before Dewey, J., Rooney testified that his name was Andrew D. Rooney, but, upon cross-examination, that he was baptized by the name of Andrew Rooney; that he was known by that name, and none other, until he arrived at the age of ten years, when he was about to be confirmed in the Roman Catholic Church; that he then told a priest of that church that his name was Andrew Daniel Rooney and he was confirmed by the bishop by this last name; that since the time of his confirmation, he sometimes gave and wrote his name as Andrew Rooney, and at other times Andrew D Rooney, but thought he used and wrote his name as Andrew Rooney as frequently as Andrew D. Rooney; that he changed his name by no process of law, nor by leave of any court. Rooney also testified, that he went to the defendant's place of business for purpose of obtaining evidence against him, and that he received seventy-five cents for that purpose.

The defendant requested the judge to rule as follows: "1. A mistake in the name of the person to whom the alleged sale was made is a fatal variance. 2. Rooney should be described in the complaint by his true Christian name, which is Andrew, and not Andrew D. A fictitious christian name is not sufficient. 3. The christian name is that part of one's name which precedes the surname, and it is the name given at the time of baptism. 4. Rooney inserted the letter D. between his surname and his christian name without any legal right or authority whatever, and consequently is not described in the complaint by his true christian name, as the law requires. 5. After a person is christened and baptized by a name, and he adopts and becomes known by that name, and none other, the name by which he was so christened and baptized and known is his true christian name. 6. A person can change no part of his true name only by due process of law. 7. There is a fatal variance between the allegations in the complaint and the evidence as to the true name of the person to whom the alleged sale was made. 8. The testimony of Rooney should be considered with great care by the jury."

The judge gave the first instruction requested, but declined to give the others,...