Commonwealth v. Wallace
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 61, averring that the defendant, at Uorthborough, mortgaged certain personal property to Nathaniel H. Clark on July 9, 1869, and on April 6, 1870, the mortgage being in full force and Clark being its owner and holder, “did then and there wilfully, knowingly and fraudulently remove and conceal, and aid and abet in removing and concealing, said mortgaged personal property, with a fraudulent intent then and there to place the same beyond…
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Indictment on the Gen. Sts. c. 161, § 61, averring that the defendant, at Uorthborough, mortgaged certain personal property to Nathaniel H. Clark on July 9, 1869, and on April 6, 1870, the mortgage being in full force and Clark being its owner and holder, “did then and there wilfully, knowingly and fraudulently remove and conceal, and aid and abet in removing and concealing, said mortgaged personal property, with a fraudulent intent then and there to place the same beyond the control of the said Clark, the mortgagee aforesaid, and with intent then and there to cheat and defraud him.” After a…
1Opinion of the CourtGkay, J.
The objection to the right of the attorney for the 'Commonwealth to enter a nolie prosequi as to the whole or any part of an indictment was properly abandoned at the argument as untenable. Commonwealth v. Briggs, 7 Pick. 177. Commonwealth v. Tuck, 20 Pick. 356. Commonwealth v. Smith, 98 Mass. 10. Jennings v. Commonwealth, 105 Mass. 586.
It is contended that, as the indictment in a single count alleges both that the defendant removed and concealed, and that he aided and abetted in removing and concealing, the mortgaged property; and as either of these allegations was sufficient, with the other…
2Cases cited2 opinions
- Jennings v. CommonwealthMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. CluneMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. JaffasMassachusetts Supreme Judicial Court · 1933
- Commonwealth v. AhearnMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.