Section 28: Lotteries or illegal gaming; complaints and indictments
147 words·~1 min read·
/ma/part-iv/title-i/chapter-271/28A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 28. No plea of misnomer shall be received to a complaint or indictment for violation of any law relative to lotteries, policy lotteries or policy, the selling of pools or registering of bets, or any form of illegal gaming; but the defendant may be arraigned, tried, sentenced and punished under any name by which he is complained of or indicted. No such complaint or indictment shall be abated, quashed or held insufficient by reason of any alleged defect, either of form or substance, if the same is sufficient to enable the defendant to understand the charge and to prepare his defence.
No variance between such complaint or indictment and the evidence shall be deemed material, unless in some matter of substance essential to the charge under the rule above prescribed; provided, however, that such provisions shall not apply to sports wagering conducted pursuant to chapter 23N.