Commonwealth v. McDuffy
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. e. 161, § 54, for obtaining money of Cornelius Sweetser by false pretences. At the trial in the Superior Court, before Allen, J., it appeared that, by virtue of an agreement dated October 3, 1872, Sweetser became the trustee of certain funds for Susan It.
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Indictment on the Gen. Sts. e. 161, § 54, for obtaining money of Cornelius Sweetser by false pretences. At the trial in the Superior Court, before Allen, J., it appeared that, by virtue of an agreement dated October 3, 1872, Sweetser became the trustee of certain funds for Susan It. Howard and her two daughters; that in the fall of 1874, Sweetser, by an arrangement with the eestuis que trust, bought a parcel of land in Lowell with a portion of the trust funds, and took a deed thereof in trust for the persons above named. It also appeared that the defendant was to build a house upon this land,…
1Opinion of the CourtLoud, J.
The only question in this case upon which we feeL called to give an opinion is, whether the instructions requested by the defendant, or either of them, should have been given.
It is not easy to understand why, in the view of the law as stated by the presiding justice, evidence of the exact amount of indebtedness to the defendant was excluded ; for such evidence would be apparently competent upon the issue of the defendant’s belief, hi or do we see how the question whether the defendant believed that he had a right so to obtain the money can of itself be a decisive test of his guilt or…
2Cases cited1 opinion
- People v. GetchellMichigan Supreme Court · 1859
3Cited by24 opinions
- Commonwealth v. Louis Construction Co. Inc.Massachusetts Supreme Judicial Court · 1962
- Commonwealth v. BurtonMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. PeakesMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. WhiteMassachusetts Appeals Court · 1977
- Commonwealth v. HarkinsMassachusetts Supreme Judicial Court · 1880
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