Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 19 (2026)

Name of accused person; description by fictitious name; entry of true name

✓ current as of July 2026

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Section 19. If the name of an accused person is unknown to the grand jury, he may be described by a fictitious name or by any other practicable description, with an allegation that his real name is unknown. An indictment of the defendant by a fictitious or erroneous name shall not be ground for abatement; but if at any subsequent stage of the proceedings his true name is discovered, it shall be entered on the record and may be used in the subsequent proceedings, with a reference to the fact that he was indicted by the name or description mentioned in the indictment.

Notes of Decisions

Cited in 9 cases, 1926–2010 · leading case: Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010).

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Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010). · cites it 6× “13 On July 14, 2008, the Commonwealth moved successfully to amend both sets of indictments to affix the name “Jerry Dixon,” under the authority conferred by G. L. c. 277, § 19. 14 On January 14, 2009, Dixon filed a motion in the Superior *451 Court to dismiss the March 15 and…”

Commonwealth v. Doherty, 229 N.E.2d 267 (Mass. 1967). · cites it 6× “The indictment as returned, therefore, subjected Connor to a public trial before the grand jury had determined in the first instance that probable cause existed to believe that he committed the crime charged in the indictment.”

Commonwealth v. Gedzium, 156 N.E. 890 (Mass. 1927). · cites it 3× “This • indictment was returned and the motion was granted in accordance with the terms of G. L. c. 277, § 19. That section is in these words: “If the name of an accused person is unknown to the grand jury, he may be described by a fictitious name or by any other practicable…”

Connor v. Commonwealth, 296 N.E.2d 172 (Mass. 1973). · cites it 3× “On August 9, 1965, the prosecutor filed a motion — under the provisions of G. L. c. 277, § 19 — to amend the indictment by substituting the name of James J.”

Commonwealth v. Snow, 269 Mass. 598 (Mass. 1930). “277, § 19, was assailed, whereby it was enacted that the defendant might be described in an indictment by a fictitious name when his name was unknown to the grand jury, and that later his true name, if discovered, might be entered of record and used in subsequent proceedings. In…”

Commonwealth v. Capland, 150 N.E. 869 (Mass. 1926). · cites it 2× “Under the statute, G. L. c. 277, § 19, if the name of the accused is unknown to the grand jury, he may be described by a fictitious name, or by any other practicable description, with an allegation that his real name is - unlmown.”

Commonwealth v. Baldassini, 260 N.E.2d 150 (Mass. 1970). “” Such a description complies with the requirements of G. L. c. 277, § 19, which provides in part: “If the name of an accused person is unknown to the grand jury, he may be described by a fictitious name or by any other practicable description, with an allegation that his real…”

Fogg v. First Nat'l Bank, 167 N.E. 251 (Mass. 1929). “The circumstance that the plaintiff’s name was not in the indictment as returned by the grand jury, but was at a later stage "entered on the record,” G. L. c. 277, § 19, makes no difference with the governing principles of law.”

Omosefunmi v. Attorney Gen. of Com. of Mass., 152 F. Supp. 2d 42 (D. Mass. 2001). “” Mass.Gen.L. ch. 277, § 19. Because the appellate court affirmed the judgment based on the Commonwealth's brief, it did not reach the Fourth and Fifth Amendment arguments.”

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