Legal Opinion

Pettes v. Commonwealth

Massachusetts Supreme Judicial Court

Decided January 21, 1879PublishedCited by 17 opinions

Writ .oe error to reverse a judgment rendered for the Commonwealth at March term 1874 of the Superior Court for the county of Suffolk, for the transaction of criminal business, upon the following indictment: “ The jurors for the Commonwealth of Massachusetts, on them oath present, that Spencer Pettes, otherwise called F. S. Pettes, otherwise called Henry J. Woodford, of Boston aforesaid, on the eighteenth day of March in the year of our Lord one thousand eight hundred and…

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Writ .oe error to reverse a judgment rendered for the Commonwealth at March term 1874 of the Superior Court for the county of Suffolk, for the transaction of criminal business, upon the following indictment: “ The jurors for the Commonwealth of Massachusetts, on them oath present, that Spencer Pettes, otherwise called F. S. Pettes, otherwise called Henry J. Woodford, of Boston aforesaid, on the eighteenth day of March in the year of our Lord one thousand eight hundred and seventy-one, at Boston aforesaid, did falsely make, alter, forge and counterfeit a certain false, forged and counterfeit…

1Opinion of the CourtLord, J.

Assuming that the indictment upon which the plaintiff in error was convicted contained but two counts, his counsel contend that the verdict of not guilty on the first count and guilty on the second count was contradictory and repugnant, and that no judgment should have been rendered upon it. The ground upon which this claim is made is, that in a felony an accessory before the fact may be deemed to be, and be convicted as, a principal felon, and inasmuch as the plaintiff in error in this indictment was charged in the first count as a principal felon, and in the second count as being an…

2Cases cited3 opinions

  1. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
  2. Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
  3. Commonwealth v. CohenMassachusetts Supreme Judicial Court · 1876

3Cited by17 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  3. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  4. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  5. Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1902

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