Commonwealth v. Hooper
Massachusetts Supreme Judicial Court
Indictment against Adelbert Hooper and John Simontoa, for cheiting by false pretences. The indictment alleged that Hoopei and Simonton on December 16, 1869, being persons of an evil disposition, and devising and intending by unlawful ways and means to obtain and get into their hands and possession the goods, merchandise, chattels and effects of the honest and good citizens of this Commonwealth, and with intent to cheat and defraud one Robert G. Derbyshire, and with a view to…
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Indictment against Adelbert Hooper and John Simontoa, for cheiting by false pretences. The indictment alleged that Hoopei and Simonton on December 16, 1869, being persons of an evil disposition, and devising and intending by unlawful ways and means to obtain and get into their hands and possession the goods, merchandise, chattels and effects of the honest and good citizens of this Commonwealth, and with intent to cheat and defraud one Robert G. Derbyshire, and with a view to effect a sale to said Derbyshire of the alleged interest of said Simonton in the business and fixtures hereinafter…
1Opinion of the CourtWells, J.
The position of the defendants’ counsel is correct that a good indictment must show, not only a false pretence and an intent to defraud, but also that the goods obtained thereby were designedly received by the defendants. The principal objection made to this indictment is that the allegation that the defendants “ did then and there receive and obtain the said goods ” is not thus qualified. It is not necessary that the qualifying term should be grammatically connected with the allegation of receipt. It is sufficient if there be, in any form, a distinct charge that the goods so received were…
2Cited by4 opinions
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. HarkinsMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. DunleayMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. SessionsMassachusetts Supreme Judicial Court · 1897