Legal Opinion

Commonwealth v. Costello

Massachusetts Supreme Judicial Court

Decided May 19, 1876PublishedCited by 62 opinions

Indictment for forgery, in four counts. The first count charged the defendant with making, and the second with uttering, a bond of the tenor following: “ Know all men by these presents, that we, Marion Pearce and John F. Costello, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, as principals, and William P. Schell and Isaac Judson, of said Boston, as sureties, are holden and stand firmly bound and obliged unto John Belcher, of Winthrop, in the county…

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Indictment for forgery, in four counts. The first count charged the defendant with making, and the second with uttering, a bond of the tenor following: “ Know all men by these presents, that we, Marion Pearce and John F. Costello, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, as principals, and William P. Schell and Isaac Judson, of said Boston, as sureties, are holden and stand firmly bound and obliged unto John Belcher, of Winthrop, in the county of Suffolk and Commonwealth aforesaid, in the full and just sum of thirty-six hundred dollars, to be paid unto said John…

1Opinion of the CourtDetects, J.

1. The first inquiry presented by the exceptions is whether the counts for forging and uttering the bond to dissolve an attachment in the suit of Belcher against Costello, which purported to run to John Belcher, might properly be joined in one indictment with the counts which allege the forging and ttering the bond which purported to run to James M. Carter, and to be given on condition of prosecuting an appeal to the Superior Court from the Municipal Court of the city of Boston, the offences charged in these two sets of counts being distinct criminal acts. v

It has long been common in practice…

2Cases cited5 opinions

  1. Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
  2. Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1873
  3. Commonwealth v. HindsMassachusetts Supreme Judicial Court · 1869
  4. Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1870
  5. Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869

3Cited by62 opinions

  1. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
  2. Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
  3. Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1877
  4. Porath v. StateWisconsin Supreme Court · 1895
  5. Kreuter v. United StatesCourt of Appeals for the Tenth Circuit · 1953

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