Commonwealth v. Stevenson
Massachusetts Supreme Judicial Court
Indictment on the Gen. S.ts, c. 161, § 54, in two counts. The first count charged that the defendant on June 8, 1877, at Boston, “with intent to cheat and defraud one Eliza D. Mayo, and with the view and intent to obtain the signature of said Mayo to a certain written instrument and lease hereinafter described, and to induce the said Mayó to lease, demise and let then and there, to one T. F. Conlin, under and according to the provisions of said instrument, the dwelling-house…
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Indictment on the Gen. S.ts, c. 161, § 54, in two counts. The first count charged that the defendant on June 8, 1877, at Boston, “with intent to cheat and defraud one Eliza D. Mayo, and with the view and intent to obtain the signature of said Mayo to a certain written instrument and lease hereinafter described, and to induce the said Mayó to lease, demise and let then and there, to one T. F. Conlin, under and according to the provisions of said instrument, the dwelling-house belonging to said Mayo, situate and numbered two on Dover Street in said Boston, did then and there, unlawfully,…
1Opinion of the CourtMorton, J.
The first question in this case arises upon the defendant’s motion to quash. The indictment contains two counts, setting forth different offences. As to the first count we are of opinion that the motion to quash was rightly overruled.
A false pretence, within the statute, is a representation of a material fact, calculated to deceive, which is not true. Commonwealth v. Drew, 19 Pick. 179. The first count alleges that, in order to induce Mrs. Mayo to sign a lease to Conlin, the defendant falsely represented that said Conlin “ was then and there a liquor-dealer, then doing business as such dealer…
2Cases cited3 opinions
- Morse v. ShawMassachusetts Supreme Judicial Court · 1878
- Homer v. PerkinsMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. ParmenterMassachusetts Supreme Judicial Court · 1876
3Cited by18 opinions
- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
- State v. BriggsSupreme Court of Kansas · 1906
- Commonwealth v. AnthonyMassachusetts Supreme Judicial Court · 1940
- People v. BowmanCalifornia Court of Appeal · 1914
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1950
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