Commonwealth v. Tibbetts
Massachusetts Supreme Judicial Court
The defendants Mere indicted October term, 1805, for conspiring to accuse one Ichabod Rollings of receiving and concealing stolen goods; and, in pursuance of the said conspiracy, falsely charging the said Rollings, in the hearing of divers citizens, with concealing in his dwelling-house, or barn, divers goods which had been before stolen from one W.; and, in further pursuance of said conspiracy, fraudulently placing the goods aforesaid under the floor of the said Rollings’s…
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The defendants Mere indicted October term, 1805, for conspiring to accuse one Ichabod Rollings of receiving and concealing stolen goods; and, in pursuance of the said conspiracy, falsely charging the said Rollings, in the hearing of divers citizens, with concealing in his dwelling-house, or barn, divers goods which had been before stolen from one W.; and, in further pursuance of said conspiracy, fraudulently placing the goods aforesaid under the floor of the said Rollings’s dwelling-house, or barn, with a design that he should be falsely accused of receiving and concealing the same. Upon not…
1Opinion of the Court
Curia.
Nathaniel Tibbetts having been found guilty, a motion *482is made to arrest the judgment; and these exceptions are taken to the indictment. First. That it is not alleged that the supposed conspiracy was entered into for the purpose of procuring any indictment, or any process, civil or criminal, against any person; and, secondly, that it is not alleged that any process was sued out in pursuance of the conspiracy.
We are of opinion that these exceptions are insufficient. A conspiracy to charge any person with a crime, and, in pursuance of the conspiracy, falsely to affirm that he is guilty, is…
2Cases cited1 opinion
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- State v. MayberrySupreme Judicial Court of Maine · 1859
- State v. MurphySupreme Court of Alabama · 1844
- Com. v. MacK, Alias MacAveiSuperior Court of Pennsylvania · 1933
- Commonwealth v. MackSuperior Court of Pennsylvania · 1934
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