Massachusetts Supreme Judicial Court September 15, 1866 (Commonwealth v. Darcey)

Hoar, J.

Misnomer can only be taken advantage of by plea in abatement; and a plea of not guilty to a criminal charge is a waiver of any objection of misnomer. Commonwealth v. Lewis, 1 Met. 151. The appeal from the judgment of a trial justice opens the issues which were made by the defendant before him.