Commonwealth v. Parmenter
Massachusetts Supreme Judicial Court
Indictment charging that Sidney E. Parmenter and William H. Parmenter broke and entered the shop of “ William Read, William Read the second of that name, and John Read,” in Boston, and stole therein several specified articles “ of the property, goods and chattels of the said William Read, William Read the younger of that name, and John Read.” The superior court granted separate trials to the defendants.
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Indictment charging that Sidney E. Parmenter and William H. Parmenter broke and entered the shop of “ William Read, William Read the second of that name, and John Read,” in Boston, and stole therein several specified articles “ of the property, goods and chattels of the said William Read, William Read the younger of that name, and John Read.” The superior court granted separate trials to the defendants. At the triai of Sidney E. Parmenter in that court, at November term 1868, before Ames, C. J., William Read, Senior, testifled that his firm of Read & Company consisted of himself and his sons…
1Opinion of the CourtChapman, C. J.
The description of William Read, Junior, in the indictment, as William Read, the second of that name, is sufficient. The terms of the description constitute no part of the name, but are used for the mere purpose of designation and distinction. Cobb v. Lucas, 15 Pick. 7. Commonwealth v. Beckley, 3 Met. 330.
The evidence objected to was properly admitted. The charge was, that the defendant broke and entered a certain shop, and stole certain articles therefrom at the same time, jointly with his brother. Both the brothers occupied rooms at their father’s house at the same time. The fact that some…
2Cases cited1 opinion
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
3Cited by13 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- Wilborne v. CommonwealthSupreme Court of Virginia · 1943
- Harris v. StateWyoming Supreme Court · 1916
- Commonwealth v. RossMassachusetts Supreme Judicial Court · 1959
- State v. EvansMontana Supreme Court · 1895
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