Commonwealth v. Trimmer
Massachusetts Supreme Judicial Court
The indictment charged that Philip Trimmer, Susanna Trimmer, the wife of said Philip, and Patience Whitney, broke and entered the store of Joseph Haley, with intent to steal, and that they did steal therefrom, the goods, &c., of said Haley, of the value, &c., against the statute.
1Opinion of the Court
The Court said the indictment could not be supported against Susanna Trimmer, as she was charged with having committed the crime jointly with her husband. Whereupon the Solicitor-General (Davis) entered a nolle prosequi as to her, and proceeded to trial against the. other defendants, who pleaded not guilty.
It appeared in evidence that the goods stolen were the property of Haley and one Joshua Emery, who were partners in trade. Upon which, Sedgwick, J., (then only in court,) said if the cause proceeded there must be an acquittal, as a conviction on this indictment would be no bar to another…
2Cited by16 opinions
- Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
- Commonwealth v. TilleyMassachusetts Supreme Judicial Court · 1940
- People v. BogartCalifornia Supreme Court · 1868
- Goldstein v. . People of the State of N.Y.New York Court of Appeals · 1880
- McCowan v. StateSupreme Court of Arkansas · 1893
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