Legal Opinion
Commonwealth v. Benjamin
Massachusetts Supreme Judicial Court
Decided February 9, 1971PublishedCited by 58 opinions
1Opinion of the CourtCutter, J.
A Superior Court judge has reported for our determination 1 pre-trial questions arising with respect to indictments of several defendants. 2
I
Each defendant was charged in a single but separate indictment with conspiracy to forge, utter, and steal. Each such conspiracy indictment contained 122 counts. 3 The defendants filed motions to dismiss these indictments or to require the Commonwealth to elect one count of each indictment upon which it would prosecute. In the motions, it is asserted “that each of the 122 counts allege[s] in identical language a conspiracy to forge, utter, and steal, each…
2Cases cited13 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. GiacomazzaMassachusetts Supreme Judicial Court · 1942
8 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Commonwealth v. MorrowMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. RichardsMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1972
- Commonwealth v. LeviaMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. WhiteheadMassachusetts Supreme Judicial Court · 1980
53 more not listed; retrieve them via the Exa API.