Legal Opinion

Commonwealth v. Rubin

Massachusetts Supreme Judicial Court

Decided March 5, 1896PublishedCited by 19 opinions

Indictment for the larceny, on May 4, 1895, at Natick, of a horse, the property and in the possession of Robert F. Perkins. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict of guilty ; and the defendants alleged exceptions. The facts sufficiently appear in the opinion.

1Opinion of the CourtHolmes, J.

The defendants have been convicted on a count for larceny of a horse, the property and in the possession of one Perkins, in Natick, in the county of Middlesex. The question presented by the exceptions is whether the evidence justified a conviction. The horse had been bought for Perkins, and a boy had been engaged by Perkins’s servant to take it from the sale stable in Boston to Framingham. On his way the boy fell in with the defendants driving, and they took him into their wagon. While driving, they said they would deliver the horse for him. He assented. They paid him what he was to receive…

2Cases cited6 opinions

  1. Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1878
  2. Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1892
  3. Commonwealth v. LawlessMassachusetts Supreme Judicial Court · 1869
  4. Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1870
  5. Commonwealth v. LannanMassachusetts Supreme Judicial Court · 1891

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3Cited by19 opinions

  1. McGuire v. United StatesSupreme Court of the United States · 1927
  2. United States v. SmithUnited States Court of Military Appeals · 1963
  3. Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
  4. Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
  5. Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937

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