Legal Opinion

Commonwealth v. Burton

Massachusetts Supreme Judicial Court

Decided June 5, 1903PublishedCited by 26 opinions

Indictment, found and returned August 10, 1901, under St. 1899, c. 409, § 24, (R. L. c. 218, § 40,) for larceny in obtaining by false pretences the sum of $2,500 from the New York Central and Hudson River Railroad Company in settlement of a claim for damages from a collision on the road of that company.

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Indictment, found and returned August 10, 1901, under St. 1899, c. 409, § 24, (R. L. c. 218, § 40,) for larceny in obtaining by false pretences the sum of $2,500 from the New York Central and Hudson River Railroad Company in settlement of a claim for damages from a collision on the road of that company. In the Superior Court the defendant was tried before Bell, J., and was found guilty on November 5, 1902. The defendant alleged exceptions, which were allowed by the judge on February 24,1903. There also was pending a motion for a new trial, and on March 3, 1903, the judge declared his action…

1Opinion of the CourtLoring, J.

This is an indictment for larceny which, by our criminal law practice act, includes the common law offence of obtaining money by false pretences. R. L. c. 218, § 40. At the trial the government undertook to prove the indictment by showing that the prisoner had obtained $2,500 from the New York Central and Hudson River Railroad Company by false pretences. On the evidence introduced at the trial the jury were warranted in finding these to be the facts of the case : The prisoner was a passenger on a train leaving Chicago for Boston, at 2 p. M. on Saturday, April 20. When the train was just east…

2Cases cited5 opinions

  1. State v. HurstWest Virginia Supreme Court · 1877
  2. Commonwealth v. FordMassachusetts Supreme Judicial Court · 1881
  3. Commonwealth v. McDuffyMassachusetts Supreme Judicial Court · 1879
  4. Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1870
  5. Commonwealth v. TeevensMassachusetts Supreme Judicial Court · 1886

3Cited by26 opinions

  1. Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
  2. Commonwealth v. BeckettMassachusetts Supreme Judicial Court · 1977
  3. Commonwealth v. HomerMassachusetts Supreme Judicial Court · 1920
  4. Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
  5. Commonwealth v. CarrMassachusetts Supreme Judicial Court · 1977

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