Commonwealth v. Moore
Massachusetts Supreme Judicial Court
Indictment, in three counts, for the embezzlement of money, on August 30, 1894, the property of Edmund H. Bennett, collected for him by the Globe Investment Company, of which the defendant was the treasurer and manager. The case was submitted to the Superior Court, and, after a verdict of guilty, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion.
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Indictment, in three counts, for the embezzlement of money, on August 30, 1894, the property of Edmund H. Bennett, collected for him by the Globe Investment Company, of which the defendant was the treasurer and manager. The case was submitted to the Superior Court, and, after a verdict of guilty, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion. The case was argued at the bar in March, 1896, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtMorton, J.
We assume, from the manner in which the case was tried, that the agreed facts were subject to any inferences which the jury properly might have drawn, and that such infer*514enees must be considered in determining whether the ruling which the defendant requested should have been given.
The defendant contends, in substance, that the investment company had the right to mingle the check with its own funds in the regular course of its business, and that in depositing it to the account of the company he only did his duty and committed no wrong.
The agreed facts show that the indictment relates to the…
2Cases cited8 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Peak v. EllicottSupreme Court of Kansas · 1883
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
- Bresnihan v. SheehanMassachusetts Supreme Judicial Court · 1878
- National Mahaiwe Bank v. BarryMassachusetts Supreme Judicial Court · 1878
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3Cited by14 opinions
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. AnthonyMassachusetts Supreme Judicial Court · 1940
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. LangleyMassachusetts Supreme Judicial Court · 1897
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