Commonwealth v. Darling
Massachusetts Supreme Judicial Court
Indictment found at May term 1879 of the Superior Court for the county of Essex, containing nine paragraphs, the first three of which were as follows: “ The jurors for the Commonwealth of Massachusetts, upon their oath present, that Albert E. Pemberton, late of Haverhill in said county of Essex, on the first day of February in the year of our Lord one thousand eight hundred and seventy-nine, and in the night-time of said day, at Haverhill, in the county of Essex aforesaid,…
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Indictment found at May term 1879 of the Superior Court for the county of Essex, containing nine paragraphs, the first three of which were as follows: “ The jurors for the Commonwealth of Massachusetts, upon their oath present, that Albert E. Pemberton, late of Haverhill in said county of Essex, on the first day of February in the year of our Lord one thousand eight hundred and seventy-nine, and in the night-time of said day, at Haverhill, in the county of Essex aforesaid, the building of one George H. Nichols, James M. Nichols and George H. Leighton, situated in said Haverhill, the said…
1Opinion of the CourtGray, C. J.
It is immaterial whether this indictment is treated, as in the bill of exceptions, as containing nine counts; or, as appears to have been the intention of the pleader, .as containing three counts only, each consisting of three paragraphs or allegations, alleging respectively a breaking and entering, a stealing, and a receiving of the goods stolen. See Commonwealth v. Glover, 111 Mass. 395; Commonwealth v. Cohen, 120 Mass. 198. In either view, a majority of the court is of opinion that it is conclusively established by authority that there is no misjoinder, either of offences or of counts.
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2Cases cited4 opinions
- Commonwealth v. GloverMassachusetts Supreme Judicial Court · 1873
- Pettes v. CommonwealthMassachusetts Supreme Judicial Court · 1879
- Jennings v. CommonwealthMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. CohenMassachusetts Supreme Judicial Court · 1876
3Cited by7 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. CarterMassachusetts Supreme Judicial Court · 1940
- Davis v. United StatesCourt of Appeals for the Fifth Circuit · 1926
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. DevineMassachusetts Supreme Judicial Court · 1892
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