Legal Opinion

Commonwealth v. Hussey

Massachusetts Supreme Judicial Court

Decided January 15, 1873PublishedCited by 27 opinions

Indictment alleging that the defendant, on June 21, 1871, “ did embezzle and fraudulently convert to his own use divers promissory notes payable to the bearer on demand, current as money in said Commonwealth, of the amount and of the value of sixty-five dollars, a more particular description of which is to the jurors unknown, of the property, moneys, goods and chattels of one Henry Smith, the said promissory notes being then and there the subject of larceny, and the said…

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Indictment alleging that the defendant, on June 21, 1871, “ did embezzle and fraudulently convert to his own use divers promissory notes payable to the bearer on demand, current as money in said Commonwealth, of the amount and of the value of sixty-five dollars, a more particular description of which is to the jurors unknown, of the property, moneys, goods and chattels of one Henry Smith, the said promissory notes being then and there the subject of larceny, and the said promissory notes having theretofore, to wit, on the said twenty-first day of June, been there delivered to the said Hussey…

1Opinion of the CourtAmes, J.

In this indictment the defendant is charged with the embezzlement and fraudulent conversion to his own use of “ divers promissory notes payable to the bearer on demand, current as money in said Commonwealth, of the amount and of the value of sixty-five dollars, a more particular description of which is to the jurors unknown.” As decided in Commonwealth v. Sawtelle, 11 Cush. 142, and Commonwealth v. Duffy, Ib. 145, an indictment in substantially that form is sufficient to warrant a judgment upon a general verdict of guilty. And it was held in both of those cases, that upon proof of the larceny…

2Cases cited1 opinion

  1. Commonwealth v. ButterickMassachusetts Supreme Judicial Court · 1868

3Cited by27 opinions

  1. Moore v. United StatesSupreme Court of the United States · 1895
  2. State v. BickfordNorth Dakota Supreme Court · 1913
  3. Agar v. StateIndiana Supreme Court · 1911
  4. Hollingsworth v. StateIndiana Supreme Court · 1887
  5. State v. EnsleyIndiana Supreme Court · 1912

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