Commonwealth v. Cannon
Massachusetts Supreme Judicial Court
Indictment for larceny of three national bank bills of the denomination and value of five dollars each, from Jane Reed. At the trial in the superior court, before Wilkinson, J., the defendant introduced evidence tending to show that at some time not disclosed she had in her possession only fifty-one dollars, which amount she had honestly received; and that she paid away out of this amount forty-eight dollars and forty-two cents, in various sums to eight different persons,…
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Indictment for larceny of three national bank bills of the denomination and value of five dollars each, from Jane Reed. At the trial in the superior court, before Wilkinson, J., the defendant introduced evidence tending to show that at some time not disclosed she had in her possession only fifty-one dollars, which amount she had honestly received; and that she paid away out of this amount forty-eight dollars and forty-two cents, in various sums to eight different persons, from four of whom she testified that she took written receipts of her payments at the times thereof. These receipts she…
1Opinion of the CourtHoar, J.
1. The evidence rejected was not in any respect material to the defence.
2. If the fact of payment had been material, that fact was admitted in evidence. The receipts were merely the written acknowledgments of a third party, and, not being in themselves proof of the fact against the Commonwealth, added no weight to the testimony admitted. Exceptions overruled.
2Cited by3 opinions
- P. Garvan, Inc. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- Silverstein v. O'BrienMassachusetts Supreme Judicial Court · 1896
- Brooks v. DugganMassachusetts Supreme Judicial Court · 1889