
    Commonwealth vs. George Pope & another.
    In an indictment for wilfully obstructing the engine passing upon a railroad alleged to be built by the Boston and Worcester Railroad Company, it is a fatal variance if the true name is the Boston and Worcester Railroad Corporation.
    The defendants were indicted under St. 1852, c. 186, § 2, for wilfully obstructing the engine and carriages passing upon a railroad built by the Boston and Worcester Railroad Company. The evidence was that the corporate name of the corporation was the Boston and Worcester Railroad Corporation. See St. 1831, c. 72. The defendant objected because of the variance, but Mellen, J., in the court of common pleas, overruled the objection, and the defendant being convicted, excepted to the ruling.
    
      C. R. Train, for the defendant.
    
      J. H. Clifford, (attorney-general,) for the commonwealth
   By the Court.

Exceptions sustained and verdict set aside.  