Legal Opinion

Commonwealth v. Kingsbury

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 28 opinions

The indictment charged that Fisher Kingsbury, Jonathan Kings-bury, Daniel Kingsbury, and Fisher Kingsbury, jun. being evil-disposed persons, and contriving and intending to injure one Th.omas Pons, and acquire property from him under false pretences, without paying for the same, at, &c., on, &c., with force and arms, did fraudulently and unlawfully conspire, combine, confederate and agree together to obtain the possession of ten sets of carriage har nesses of the said Pons,…

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The indictment charged that Fisher Kingsbury, Jonathan Kings-bury, Daniel Kingsbury, and Fisher Kingsbury, jun. being evil-disposed persons, and contriving and intending to injure one Th.omas Pons, and acquire property from him under false pretences, without paying for the same, at, &c., on, &c., with force and arms, did fraudulently and unlawfully conspire, combine, confederate and agree together to obtain the possession of ten sets of carriage har nesses of the said Pons, of the value of five hundred dollars, in the shop of the said Pons then and there being, under color of authority from…

1Opinion of the Court

The opinion of the Court was afterwards delivered to the following effect by

* Parsons, C. J.

The defendants are charged with conspiring to get possession of the chattels of Thomas Pom, then in his shop, to remove them from his shop, and to conceal them from him, under color of authority from the owner to sell them, and that they in fact carried their conspiracy into execution.

The fraudulently obtaining possession of the chattels of Pom, carrying them away, and secreting them, is unquestionably a felony; and the attorney-general very properly admits it. But he has argued that the conspiracy was…

2Cited by28 opinions

  1. Callanan v. United StatesSupreme Court of the United States · 1961
  2. Mowrey v. WalshNew York Supreme Court · 1828
  3. United States v. Earl Christopher Hunter, United States of America v. Hyland HillCourt of Appeals for the Seventh Circuit · 1973
  4. People v. TavorminaNew York Court of Appeals · 1931
  5. Graff v. PeopleIllinois Supreme Court · 1904

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