Section 33. Presumptions and conclusions of law, matters of which judicial notice is taken and allegations not required to be proved need not be alleged. An indictment shall not be considered defective or insufficient because it omits to allege that the crime was committed, or the act was done ''traitorously'', ''feloniously'', ''burglariously'', ''wilfully'', ''maliciously'', ''negligently'', ''unlawfully'' or otherwise similarly to describe the crime, unless such description is an element of the crime charged, or because it omits to allege that the crime was committed or done with ''force and arms'', or ''against the peace'', or against the form of the statute or statutes, or against a by-law, ordinance, order, rule or regulation of any public authority, or because it omits to state or misstates the title, occupation, estate or degree of the defendant or of any other person named in the indictment, or of the name of the county, city, town or place of his residence, unless such omission or misstatement tends to the prejudice of the defendant, or by reason of describing a fine or forfeiture as enuring to the use of the commonwealth instead of to the use of the county, city or town, or by reason of any misstatement as to the appropriation of any fine or forfeiture, or by reason of its failure to allege or recite a special statute or a by-law or ordinance of a city or town or order of the mayor and aldermen or selectmen or rules or regulations of any public board of officers.
Notes of Decisions
Commonwealth v. LePore, 666 N.E.2d 152 (Mass. App. Ct. 1996).
“G. L. c. 277, § 33. Commonwealth v. Parrotta, 316 Mass.”
Commonwealth v. Gill, 363 N.E.2d 267 (Mass. App. Ct. 1977).
“1), supra, at 156, the court concluded that the allegations of the indictment did not tend to show that a violation of a certain article of the “Standard Specifications” of the division of waterways of the Department of Public Works, which had been incorporated into a contract,…”
Commonwealth v. Wilson, 892 N.E.2d 751 (Mass. App. Ct. 2008).
“” See generally G. L. c. 277, § 33, which lists information that need not be set forth in an indictment or complaint.”
Commonwealth v. Jarrett, 269 N.E.2d 657 (Mass. 1971).
“G. L. c. 277, § 33. 7 Judgment was affirmed on March 29, 1971, without opinion, and with citations of Younger v.”
Commonwealth v. Lee, 141 N.E. 607 (Mass. 1923).
· cites it 2× “The provision of G. L. c. 277, § 33, to the effect that an indictment or complaint shall not be considered defective or insufficient by *109 reason of its failure to allege or recite a by-law or an ordinance of a city, does not avoid the necessity of such negation.”
Commonwealth v. Cooper, 162 N.E. 733 (Mass. 1928).
“” The provisions of G. L. c. 277, § 33, do not permit the omission from the indictment of the averment that the attempt to burn was wilful and malicious.”
Commonwealth v. Munoz, 413 N.E.2d 773 (Mass. App. Ct. 1980).
“See G. L. c. 277, § 33. We hold that the original complaint conformed to the requirements of Rule 4 of the Massachusetts Rules of Criminal Procedure and that it was free of material error.”
Commonwealth v. Callagy, 596 N.E.2d 384 (Mass. App. Ct. 1992).
“4(a), 378 Mass. 849 (1979). Nonetheless, the Commonwealth did so, and the question becomes whether the defendant was prejudiced by the reference to § 18.”
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