Commonwealth v. Devlin
Massachusetts Supreme Judicial Court
Indictment in three eonnts. The second count alleged that the defendant, on January 8,1884, at Watertown, “ with intent to cheat and defraud one Charles H. Kidder, and with the view and intent to effect the sale and delivery hereinafter mentioned, did then and there unlawfully, knowingly, and designedly falsely pretend and represent to said Charles H. Kidder that he, the said William M. Devlin, had then authority to draw a certain check and order for the payment of money, to…
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Indictment in three eonnts. The second count alleged that the defendant, on January 8,1884, at Watertown, “ with intent to cheat and defraud one Charles H. Kidder, and with the view and intent to effect the sale and delivery hereinafter mentioned, did then and there unlawfully, knowingly, and designedly falsely pretend and represent to said Charles H. Kidder that he, the said William M. Devlin, had then authority to draw a certain check and order for the payment of money, to wit, a check and order for the payment of money for the sum of four hundred and eighty-five dollars and ten cents upon…
1Opinion of the CourtHolmes, J.
The instruction that the government must prove that the alleged false pretences were made designedly, and with an intent to defraud, as well as that they were false, conveyed to the jury, with perfect plainness, that the falsity of the pretences was not enough, unless the defendant also knew they were false.
The main question arises on the fourth instruction. The evidence was that the representations were made about an hour after the sheep had been weighed off and recorded to the defendant in the weigher’s book, in pursuance of an agreement of purchase by the defendant. The only dispute of…
2Cases cited1 opinion
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
3Cited by15 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Young v. Harris-Cortner Co.Tennessee Supreme Court · 1924
- Lasky v. Economy Grocery StoresMassachusetts Supreme Judicial Court · 1946
- Starratt v. MullenMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1950
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