Commonwealth v. Sullivan
Massachusetts Supreme Judicial Court
Indictment for larceny. One count charged the stealing of goods, the property of James M. Longstreet; and another count, the stealing of goods, the property of Henry O. Ford.
Read the full summary
Indictment for larceny. One count charged the stealing of goods, the property of James M. Longstreet; and another count, the stealing of goods, the property of Henry O. Ford. At the trial in the superior court, before Pitman, J., Longstreet testified that he ordered from the manufacturers goods described in the first count, to be consigned to him for sale and to be sent to him through the American Union Express Company; and Ford testified that he ordered from other manufacturers goods described in the second count, to be sent to him. The defendant objected to the admission of this evidence;…
1Opinion of the CourtGray, J.
1. Distinct larcenies may be presented in different counts of one indictment; and whether the district attorney shall be ordered to elect between them is within the discretion of the presiding judge and not a subject of exception. Commonwealth v. Hills, 10 Cush. 530. Commonwealth v. Cain, 102 Mass. 487.
2. The stealing at the same time and by one taking of several articles belonging to different persons is larceny of the whole and of each article ; and may be indicted either in one aspect or the other — as one entire crime, or as several distinct offences. If indictments or counts for one…
2Cases cited4 opinions
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1807
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
3Cited by23 opinions
- Commonwealth v. LeviaMassachusetts Supreme Judicial Court · 1982
- People v. AikinMichigan Supreme Court · 1887
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Oddo v. United StatesCourt of Appeals for the Second Circuit · 1949
18 more not listed; retrieve them via the Exa API.