Commonwealth v. Warren

Barker, J. There was evidence that the child whom the defendant assaulted was on several occasions called by the name given to her in the indictment. This was sufficient to make it the province of the jury to determine whether there [55] was a variance. Commonwealth v. Gay, 162 Mass. 458. Commonwealth v. Gould, 158 Mass. 499. Commonwealth v. Caponi, 155 Mass. 534. The question of the identity of the person was not open. Exceptions overruled.