Commonwealth v. Cooper
Massachusetts Supreme Judicial Court
Indictment in two counts, under the Gen. Sts. c. 161, § 38, for embezzlement. The first count alleged the embezzlement of a piece of paper, of the value of $200, the property of Irwin Wood, which had been delivered by Wood to the defendant “in the trust and confidence and with the direction” that the defendant would “ invest the same in railway shares, in the behalf of, and under the direction, and in the name of said Wood.”
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Indictment in two counts, under the Gen. Sts. c. 161, § 38, for embezzlement. The first count alleged the embezzlement of a piece of paper, of the value of $200, the property of Irwin Wood, which had been delivered by Wood to the defendant “in the trust and confidence and with the direction” that the defendant would “ invest the same in railway shares, in the behalf of, and under the direction, and in the name of said Wood.” The second count alleged the embezzlement of a check, of the value of two hundred dollars, the property of Irwin Wood, which had been delivered by Wood to the defendant,…
1Opinion of the CourtMorton, J.
If there was any error in admitting, on the first day of the trial, secondary evidence of the contents of the two etters from the witness Wood to the defendant, it was cured by *288the production by the defendant on the second day of jbhe original letters. They were then put in evidence in the place of the secondary evidence of their contents, which thus became immaterial.
The verdict of the jury has rendered the defendant’s exception to the exclusion of the evidence offered to prove the custom of brokers in Boston immaterial, they having found that the defendant was not guilty on the second count.
2Cases cited1 opinion
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
3Cited by20 opinions
- People v. WardCalifornia Supreme Court · 1901
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- People v. HawkinsMichigan Supreme Court · 1895
- Shute v. BillsMassachusetts Supreme Judicial Court · 1906
- State v. CunninghamSupreme Court of Missouri · 1900
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