Commonwealth v. Felton
Massachusetts Supreme Judicial Court
Indictment charging that James D. Martin, as cashier of the National Hide and Leather Bank, a banking association incorporated under the laws of the United States, embezzled the funds of the bank, and that Alexander C. Felton was an accessory thereto before the fact.
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Indictment charging that James D. Martin, as cashier of the National Hide and Leather Bank, a banking association incorporated under the laws of the United States, embezzled the funds of the bank, and that Alexander C. Felton was an accessory thereto before the fact. The defendants filed separate pleas to the jurisdiction, alleging that the United States courts had exclusive cognizance of the offences charged in the indictment, as against both defendants, and that they both had, before the pendency of this indictment, been indicted in the United States circuit court. In the superior court,…
1Opinion of the CourtAmes, J.
The indictment against this defendant charges him with a crime of so grave a character, that it ought to be made a matter of judicial investigation somewhere, upon the facts and merits. But as he is indicted for the same transaction in two different jurisdictions, namely, in the circuit court of the United States and in the superior court of this Commonwealth, it becomes necessary to decide to which, if to either, of these two jurisdictions he is properly amenable; or, to state the question with more strict accuracy, whether he is liable to be proceeded against under the laws of this…
2Cases cited1 opinion
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- People v. . WelchNew York Court of Appeals · 1894
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. MarsinoMassachusetts Supreme Judicial Court · 1925
- In re MurphyWyoming Supreme Court · 1895
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
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