Legal Opinion

Commonwealth v. Leonard

Massachusetts Supreme Judicial Court

Decided January 8, 1886PublishedCited by 38 opinions

Indictment in three counts. The first count alleged, that on July 1, 1883, certain articles, the goods, chattels, and property of the Boston and Lowell Railroad Corporation, were feloniously stolen, and that the defendant afterward, on the same day, “ the goods, chattels, and property aforesaid, so as aforesaid feloniously stolen, taken, and carried away, feloniously did receive and have, and did then and there aid in the concealment of the same,” he “ well knowing the said…

Read the full summary

Indictment in three counts. The first count alleged, that on July 1, 1883, certain articles, the goods, chattels, and property of the Boston and Lowell Railroad Corporation, were feloniously stolen, and that the defendant afterward, on the same day, “ the goods, chattels, and property aforesaid, so as aforesaid feloniously stolen, taken, and carried away, feloniously did receive and have, and did then and there aid in the concealment of the same,” he “ well knowing the said goods, chattels, and property to have been feloniously stolen, taken, and carried away.” The second and third counts…

1Opinion of the CourtField, J.

The motion to quash was rightly overruled. The articles in each count alleged to have been feloniously received are the articles in that count alleged to have been stolen.

As testimony was introduced that the defendant did not keep, a junk-dealer’s book, the testimony of Murray was competent for the pui’pose of showing that the defendant knew that the statutes of the Commonwealth and the ordinances of the city of Cambridge required him to keep such a book. See Pub. Sts. c. 102, § 29. If the defendant intentionally neglected to keep a book which was required by law manifestly for the purpose of…

2Cases cited9 opinions

  1. People v. GarbuttMichigan Supreme Court · 1868
  2. Remsen v. . the PeopleNew York Court of Appeals · 1870
  3. Cancemi v. . the PeopleNew York Court of Appeals · 1858
  4. People v. AsheCalifornia Supreme Court · 1872
  5. Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1882

4 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. People v. KunkinCalifornia Supreme Court · 1973
  3. Commonwealth v. BealMassachusetts Supreme Judicial Court · 1943
  4. Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
  5. Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API