Commonwealth v. Luckis
Massachusetts Supreme Judicial Court
Indictment for an attempt to commit larceny of a pocketbook from the person of a woman unknown. Trial in the superior court, before Vose, J., who allowed a bill of exceptions in substance as follows: The only witness for the Commonwealth was a police officer, the material part of whose testimony was this: “ I saw the defendant put her left hand into the pocket' of an old lady. I stepped forward and caught her by the left wrist while her hand was in the pocket.
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Indictment for an attempt to commit larceny of a pocketbook from the person of a woman unknown. Trial in the superior court, before Vose, J., who allowed a bill of exceptions in substance as follows: The only witness for the Commonwealth was a police officer, the material part of whose testimony was this: “ I saw the defendant put her left hand into the pocket' of an old lady. I stepped forward and caught her by the left wrist while her hand was in the pocket. She immediately raised her hand in the air, with the dress, her hand being still in the pocket, and my hand still upon the defendant’s…
1Opinion of the CourtColt, J.
The defendant, waiving all objections to the form of the indictment, relies now only upon alleged errors in the rulings and instructions of the court upon the evidence.
The case shows an attempt manifested by an act, which was tne beginning of a larceny, the completion of which was interrupted by an intervening circumstance not within the control of the prisoner. To justify a conviction, it was necessary to show that she failed in the perpetration, or was prevented in the execution of the offence of stealing from the person, — an offence which could only be complete when the property sought to…
2Cited by11 opinions
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- State v. ChambersWest Virginia Supreme Court · 1883
- Commonwealth v. St. HilaireMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. FlowersMassachusetts Appeals Court · 1973
- Commonwealth v. VickersMassachusetts Appeals Court · 2003
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