Section 33: Unnecessary and immaterial allegations
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/ma/part-iv/title-ii/chapter-277/33A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.