Smith v. Drew
Massachusetts Supreme Judicial Court
The declaration in this action was “ in a plea of debt, for that, whereas at the Supreme Judicial Court of this commonwealth begun and holden at Taunton, within and for the county of Bristol aforesaid, on the third Tuesday of October, in the year of our Lord eighteen hundred and three, an indictment was proffered to said Court by the grand jury of said commonwealth, for the body of said county, wherein the said Drew was charged with having taken, stolen, and carried away…
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The declaration in this action was “ in a plea of debt, for that, whereas at the Supreme Judicial Court of this commonwealth begun and holden at Taunton, within and for the county of Bristol aforesaid, on the third Tuesday of October, in the year of our Lord eighteen hundred and three, an indictment was proffered to said Court by the grand jury of said commonwealth, for the body of said county, wherein the said Drew was charged with having taken, stolen, and carried away certain goods of the plaintiff, which indictment being then and there read to the said Drew, he, the said Drew, said that…
1Opinion of the Court
The cause was submitted without argument, and being continued nisi, the opinion of the Court was delivered at the following March term, at Boston, by
Parsons, C. J.
By the statute of 1784, c. 66. <§. 1., every person convicted of larceny might be punished by a fine not exceeding one hundred pounds, or by whipping not exceeding thirty-nine stripes. And the third section provided that besides the said punishment, he should be sentenced to forfeit to the owner treble the value of the goods stolen, deducting the value of such of them as might be returned ; and if the offender should be unable to…
2Cited by15 opinions
- Ahl v. RhoadsSupreme Court of Pennsylvania · 1877
- Clark v. BrownNew York Supreme Court · 1837
- Durant v. Supervisors of AlbanyNew York Supreme Court · 1841
- Gedney v. Inhabitants of TewksburyMassachusetts Supreme Judicial Court · 1807
- Vieira v. MeninoMassachusetts Supreme Judicial Court · 1947
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