Commonwealth v. Butterick
Massachusetts Supreme Judicial Court
Indictment for embezzlement. The first count charged the delivery to the defendant, on March 1, 1864, at Sterling, by Elizabeth Harbach, of “ one bond of the United States of America, for the payment of money, issued by authority of law, of the denomination of five hundred dollars, and of the value of five hundred dollars; sundry other bonds of the United States of America, for the payment of money, issued by authority of law, and of the aggregate value of one thousand…
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Indictment for embezzlement. The first count charged the delivery to the defendant, on March 1, 1864, at Sterling, by Elizabeth Harbach, of “ one bond of the United States of America, for the payment of money, issued by authority of law, of the denomination of five hundred dollars, and of the value of five hundred dollars; sundry other bonds of the United States of America, for the payment of money, issued by authority of law, and of the aggregate value of one thousand dollars; of the money, goods and property of the said Elizabeth Harbach ; in trust and confidence to be by the said Jonathan…
1Opinion of the CourtFoster, J.
1. The objection that the description of the property alleged to have been embezzled is vague and indefinite does not appear to be well founded. The language used is sufficiently definite and intelligible to identify the property and show that it was such as may be the subject of embezzlement. No greater particularity of description is requisite in an indictment for embezzlement than in one for larceny, in which such a description would be sufficient. Commonwealth v. Stebbins, 8 Gray, 492. Commonwealth v. Concannon, 5 Allen, 506. Commonwealth v. O’ Connell, 12 Allen, 451. Gen. Sts. c. 161, §…
2Cases cited1 opinion
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
3Cited by23 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- Spalding v. PeopleIllinois Supreme Court · 1898
- State v. DisbrowSupreme Court of Iowa · 1906
- Bork v. . the People of the State of New YorkNew York Court of Appeals · 1883
- Commonwealth v. HusseyMassachusetts Supreme Judicial Court · 1873
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