Commonwealth v. Gavin
Massachusetts Supreme Judicial Court
Indictment for larceny of “six bottles of whiskey, of the value of two dollars each bottle, six bottles of brandy, each bottle of the value of two dollars, of the goods and chattels of Charles H. White.”
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Indictment for larceny of “six bottles of whiskey, of the value of two dollars each bottle, six bottles of brandy, each bottle of the value of two dollars, of the goods and chattels of Charles H. White.” At the trial in the Superior Court, before Allen, J., there was evidence tending to show that the defendant, in company with two other boys, went with some empty bottles to a place at the head of certain outside stairs in front of a hotel, where the defendant stood, and the two other boys went down the stairs and in through a grating over an open window into a room where casks of liquor were…
1Opinion of the CourtAmes, J.
As the evidence wholly failed to show any larceny of the bottles, the only question was as to the right to convict the defendant of the larceny of the liquors which were carried away in the bottles. The difficulty in so doing is that the offence proved does not correspond with the offence charged. It was unnecessary to allege that the liquors were contained in bottles, but the language of the indictment admits of no other construction than that it charges the larceny of bottles containing, or filled with, the liquors described. The effect of present*55ing the charge in this form is to render…
2Cases cited2 opinions
- United States v. HowardU.S. Circuit Court for the District of Massachusetts · 1837
- Alkenbrack v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- State v. WilliamsSupreme Court of Vermont · 1920
- Commonwealth v. HartwellMassachusetts Supreme Judicial Court · 1880
- Gabriel v. StateSupreme Court of Florida · 1902
- Gabriel v. StateSupreme Court of Florida · 1902
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