Legal Opinion
Commonwealth v. Ohanian
Massachusetts Supreme Judicial Court
Decided December 8, 1977PublishedCited by 10 opinions
1Opinion of the CourtBraucher, J.
Each of the defendants was convicted on two counts of larceny under G. L. c. 266, § 37, 2 for obtaining money by means of checks drawn against insufficient funds. They appealed under G. L. c. 278, §§33A-33G, and we transferred the case to this court on our own motion. We hold that there was a fatal variance between the indictments and the proof, and reverse the convictions. The reversal may not bar reindictment for the same crimes. G. L. c. 263, § 8. We therefore decide the question, fully argued, whether the evidence would warrant conviction under proper indictments.
Each indictment contained…
2Cases cited8 opinions
- United States v. DinitzSupreme Court of the United States · 1976
- United States v. BallSupreme Court of the United States · 1896
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
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3Cited by10 opinions
- Commonwealth v. HobbsMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. GrassoMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 2000
- Marshall v. Bristol Superior CourtCourt of Appeals for the First Circuit · 2014
- Marshall v. CommonwealthMassachusetts Supreme Judicial Court · 2012
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