Legal Opinion

Commonwealth v. Andrews

Massachusetts Supreme Judicial Court

Decided March 15, 1807PublishedCited by 20 opinions

The indictment in this case, which was found at March term, 1804, charges that Amos Tuttle stole certain enumerated goods, the property of Josiah Bellows and David Stone, and that the defendant “ did aid, abet, and maintain, him, the said Amos Tattle, in the felony and theft aforesaid, and with force and arms did knowingly and feloniously have and receive all the same goods and chattels, he well knowing the same to have been stolen, taken, and carried away, in manner…

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The indictment in this case, which was found at March term, 1804, charges that Amos Tuttle stole certain enumerated goods, the property of Josiah Bellows and David Stone, and that the defendant “ did aid, abet, and maintain, him, the said Amos Tattle, in the felony and theft aforesaid, and with force and arms did knowingly and feloniously have and receive all the same goods and chattels, he well knowing the same to have been stolen, taken, and carried away, in manner aforesaid, against the peace, &c., and the law in such case made and provided.” There is no allegation that Tuttle, the…

1Opinion of the Court

The opinion of the Court was afterwards delivered by

Sedgwick, J.

The question before us in this case is, whether the former conviction and judgment is a bar to the present prosecution. It is not objected that the former judgment, if a bar, has not been well pleaded. No authorities have been cited on either side, and the case must be determined upon principle..

The indictment is founded on the “ Act for punishing and preventing of larcenies,” passed March 15, 1785, by the third section »f which it is enacted, that a person convicted of the crime of theft shall, besides the other punishment…

Also in this document: Per curiam.

2Cited by20 opinions

  1. Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
  2. Commonwealth v. BrandanoMassachusetts Supreme Judicial Court · 1971
  3. Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
  4. Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1991
  5. Wilson v. StateTexas Supreme Court · 1876

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