Commonwealth v. Kelley
Massachusetts Supreme Judicial Court
Indictment, with nine counts, found and returned January 20, 1902. At the trial in the Superior Court before Pierce, J., the first four counts were nol pressed on motion of the district attorney. On the sixth, seventh, eighth and ninth counts the jury found the defendant not guilty. The defendant made the requests for rulings stated in the opinion, which were refused by the judge. The jury returned a verdict of guilty on the fifth count.
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Indictment, with nine counts, found and returned January 20, 1902. At the trial in the Superior Court before Pierce, J., the first four counts were nol pressed on motion of the district attorney. On the sixth, seventh, eighth and ninth counts the jury found the defendant not guilty. The defendant made the requests for rulings stated in the opinion, which were refused by the judge. The jury returned a verdict of guilty on the fifth count. The defendant moved to set aside the verdict, on the grounds that it was against the evidence, against the weight of the evidence, and against the law and…
1Opinion of the CourtHammond, J.
The defendant argues that the evidence was insufficient to convict him of larceny or embezzlement in any form. We are of opinion, however, that it was sufficient to warrant a finding that he had committed the offence described in Pub. Sts. c. 203, § 46, by embezzling while administrator of the Downey estate the whole or a part of the $125, property of the estate, drawn from the Ware Savings Bank in July, 1897. Within the first six months of his appointment as administrator, he drew out from that bank and another savings bank sums aggregating in the whole $1,280, belonging to the estate. In…
2Cases cited1 opinion
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1868
3Cited by32 opinions
- Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. BartoliniMassachusetts Supreme Judicial Court · 1938
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1957
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