Commonwealth v. Beaman
Massachusetts Supreme Judicial Court
Indictment against Byron Dodge and Horace W. Beaman for sundry larcenies. The only count on which Beaman was convicted alleged that the defendants at Ludlow on the 30th of January 1857 “ one peahen of the value of five dollars, and one turkey of the value of three dollars, of the goods and chattels of one Elam L. Pease, then and there in his possession being found, feloniously did steal, take and carry away, against the peace of said commonwealth, and contrary to the form of…
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Indictment against Byron Dodge and Horace W. Beaman for sundry larcenies. The only count on which Beaman was convicted alleged that the defendants at Ludlow on the 30th of January 1857 “ one peahen of the value of five dollars, and one turkey of the value of three dollars, of the goods and chattels of one Elam L. Pease, then and there in his possession being found, feloniously did steal, take and carry away, against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided.” The indictment was signed “ A true bill, Benning Leavitt, Foreman,” and…
1Opinion of the CourtMetcalf, J.
The reasons assigned for the motion in arrest of judgment are wholly insufficient.
1. The signature of the district attorney, if it be necessary that it should be affixed, in any form, to an indictment, was properly affixed in this instance. The Rev. Sts. c. 13, § 39, authorize district attorneys to interchange the duties of their offices. Of course it is not necessary that it should appear, on an indictment, that he who certifies or attests it is the attorney for the district in which it is found.
2. Peacocks are among the domestic fowls which are the subject of larceny. 1 Hawk. c. 33, § 43. 2…
2Cases cited1 opinion
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
3Cited by3 opinions
- Ballow v. StateCourt of Criminal Appeals of Texas · 1900
- Ballow v. StateCourt of Criminal Appeals of Texas · 1900
- Reese v. StateCourt of Criminal Appeals of Texas · 1928