Commonwealth v. Sutherland
Massachusetts Supreme Judicial Court
Indictment found and returned at November term 1871 of the superior court in Suffolk, for receiving on July 1, 1871, at Boston, knowing the same to have been stolen, “ one piece of cloth, to wit, one and a half yards of vesting, each yard of the value of five dollars; one piece of cloth, to wit, one yard of black broadcloth, of the value of six dollars ; one piece of cloth, to wit, one and one half yards of broadcloth, each yard of the value of six dollars; one piece of…
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Indictment found and returned at November term 1871 of the superior court in Suffolk, for receiving on July 1, 1871, at Boston, knowing the same to have been stolen, “ one piece of cloth, to wit, one and a half yards of vesting, each yard of the value of five dollars; one piece of cloth, to wit, one yard of black broadcloth, of the value of six dollars ; one piece of cloth, to wit, one and one half yards of broadcloth, each yard of the value of six dollars; one piece of cloth, to wit, two and one half yard» of blue broadcloth, each yard of the value of six dollars; one piece of cloth, to wit,…
1Opinion of the Court
By the Court.
An acquittal of the charge of larceny of certain goods is not a bar to an indictment for the larceny of certain other goods, although the last mentioned goods are of such a character that the language of the first indictment might describe them. Therefore the refusal to adopt the defendant’s request for instructions, and the instructions given, were right.
Exceptions overruled.
2Cited by6 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- State v. PanchukNorth Dakota Supreme Court · 1926
- Emerson v. StateSupreme Court of Arkansas · 1884
- Commonwealth v. FredericksMassachusetts Supreme Judicial Court · 1892
1 more not listed; retrieve them via the Exa API.