Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment, in four counts, for embezzlement. At the trial in the Superior Court, before Mason, C. J¡, the jury returned a verdict of guilty upon all the counts ; and the defendant alleged exceptions, the nature of which sufficiently appears in the opinion.
1Opinion of the CourtLathrop, J.
1. No exception lies to the refusal of the court, at the close of the testimony for the government, to compel the *509district attorney to elect upon which count or counts he would proceed. This was a matter within the discretion of the presiding judge. Commonwealth v. Slate, 11 Gray, 60. Commonwealth v. Bennett, 118 Mass. 443. Commonwealth v. Pratt, 137 Mass. 98. Nor does any exception lie to the refusal of the court, at this stage of the case, to quash the first count of the indictment, because it then appeared that it was made up of several distinct items, some of which were included in the…
2Cases cited11 opinions
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1875
- Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
- Hastings v. StetsonMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. BlairMassachusetts Supreme Judicial Court · 1878
- Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
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3Cited by15 opinions
- Commonwealth v. MontecalvoMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. ScanlonMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. PorterMassachusetts Supreme Judicial Court · 1981
10 more not listed; retrieve them via the Exa API.