Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 34 (2026)

Immaterial defects

✓ current as of July 2026

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Section 34. An indictment shall not be dismissed or be considered defective or insufficient if it is sufficient to enable the defendant to understand the charge and to prepare his defense; nor shall it be considered defective or insufficient for lack of any description or information which might be obtained by requiring a bill of particulars.

Notes of Decisions

Cited in 46 cases (3 in the last 5 years), 1924–2026 · leading case: Commonwealth v. King, 441 N.E.2d 248 (Mass. 1982).

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Commonwealth v. King, 441 N.E.2d 248 (Mass. 1982). · cites it 2× “G.L.c. 277, § 34. Mass. R. Crim. P. 13 (b)(1), 378 Mass.”

Commonwealth v. King, 834 N.E.2d 1175 (Mass. 2005). “3 See also G. L. c. 277, §§ 34,79; Commonwealth v. Baron, 356 Mass.”

Commonwealth v. Canty, 998 N.E.2d 322 (Mass. 2013). “G. L. c. 277, § 34 (“An indictment shall not be dismissed or be considered defective or insufficient if it is sufficient to enable the defendant to understand the charge and to prepare his defense; nor shall it be considered defective or insufficient for lack of any description…”

Commonwealth v. Hrycenko, 630 N.E.2d 258 (Mass. 1994). · cites it 2× “See G. L. c. 277, § 34 (1992 ed.). 5 Both of the defendant’s indictments for aggravated rape follow the statutory form set out in G.”

Commonwealth v. Lopes, 914 N.E.2d 78 (Mass. 2009). “” Moreover, G. L. c. 277, § 34, provides that “[a]n indictment shall not be dismissed or be considered defective or insufficient if it is sufficient to enable the defendant to understand the charge and to prepare his defense.”

Commonwealth v. Dixon, 938 N.E.2d 878 (Mass. 2010). “See G. L. c. 277, § 34 (barring dismissal where indictment enables defendant to understand charge and prepare defense, even if it lacks description or information “which might be obtained by requiring a bill of particulars”); Mass.”

Commonwealth v. Barbosa, 658 N.E.2d 966 (Mass. 1995). “First, there is no question that a defendant need not request a bill of particulars, see G. L. c. 277, §§ 34, 38, where, as here, a detailed description of the evidence would have added nothing.”

Commonwealth v. Mayotte, 56 N.E.3d 756 (Mass. 2016). “See G. L. c. 277, § 34. “An indictment conforming with the statutory form is sufficient.”

Commonwealth v. Saya, 440 N.E.2d 1288 (Mass. App. Ct. 1982). · cites it 2× “" See also G.L.c. 277, § 34, amended only slightly by St.”

Commonwealth v. Thomas, 503 N.E.2d 456 (Mass. 1987). “See G. L. c. 277, § 34 (1984 ed.); Mass. R. Crim.”

Commonwealth v. Wentworth, 128 N.E.3d 14 (Mass. 2019). “269, § 10 ( a ), and that he "had previously been convicted of three violent crimes or three serious drug offenses, or any combination totaling three or more, making [him] subject to the penalty provisions of [ G.”

Commonwealth v. Donoghue, 499 N.E.2d 832 (Mass. App. Ct. 1986). “An indictment will not be dismissed if the offense is charged with sufficient clarity to show a violation of law and to enable the accused to know the nature and cause of the accusation against him, to prepare an adequate defense, and to plead an acquittal or conviction in bar…”

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