Commonwealth v. Bennett
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 42, averring that th« defendant, on September 1, 1874, at Boston, “ being then and there the clerk, servant and agent of Gustavus G. Prescott and Elijah W. Wood, said Prescott and Wood then and there being copartners in business, (the said Bennett not being then and ther« an apprentice to the said Prescott and Wood, or to either of them, and not being then and there a person under the age of sixteen years,) did then and there, by virtue…
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Indictment on the Gen. Sts. c. 161, § 42, averring that th« defendant, on September 1, 1874, at Boston, “ being then and there the clerk, servant and agent of Gustavus G. Prescott and Elijah W. Wood, said Prescott and Wood then and there being copartners in business, (the said Bennett not being then and ther« an apprentice to the said Prescott and Wood, or to either of them, and not being then and there a person under the age of sixteen years,) did then and there, by virtue of his said employment, have, receive and take into his possession certain money to the amount and of the value of…
1Opinion of the CourtEndicott, J.
1. This indictment is under the Gen. Sts. c. 161, § 42. That section provides that in prosecutions for embezzling bullion, money, notes, bank notes, checks, drafts, bills of exchange, obligations or other securities for money, it shall be suffi*452cient to allege generally in the indictment an embezzlement of fraudulent conversion “ of money to a certain amount, without specifying any particulars of such embezzlement.” The allegation here is of an embezzlement of “ certain money to the amount and value of twenty-five thousand dollars.” This is in conformity to the statute, and in accordance with…
2Cases cited2 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
3Cited by32 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1975
- Thalheim v. StateSupreme Court of Florida · 1896
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- State v. NolandSupreme Court of Missouri · 1892
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