Legal Opinion

Commonwealth v. Cohen

Massachusetts Supreme Judicial Court

Decided April 6, 1876PublishedCited by 6 opinions

Indictment in three counts. The last count was as follows: “ And the jurors aforesaid, for the Commonwealth of Massachusetts, on their oath, aforesaid, do further present, that Lawrence Murphy and James Hyde, otherwise called Frank Hyde, of Boston, aforesaid, on the fifth day of May, in the year of our Lord one thousand eight hundred and seventy-five, at Boston, aforesaid, with force and arms, two thousand pairs of stockings, each pair of the value of one dollar, of the…

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Indictment in three counts. The last count was as follows: “ And the jurors aforesaid, for the Commonwealth of Massachusetts, on their oath, aforesaid, do further present, that Lawrence Murphy and James Hyde, otherwise called Frank Hyde, of Boston, aforesaid, on the fifth day of May, in the year of our Lord one thousand eight hundred and seventy-five, at Boston, aforesaid, with force and arms, two thousand pairs of stockings, each pair of the value of one dollar, of the property, moneys, goods and chattels of one George F. Hall, in a certain building there situated, to wit, the warehouse of…

1Opinion of the CourtGray, C. J.

This indictment is against the receiver only, and, though assumed on some parts of the record, and in the briefs of counsel, to contain six counts, really contains only three, each consisting of an allegation of the larceny, followed by a charge against the defendant as receiver of the goods alleged to have been stolen, and which clearly describes those goods by reference to the preceding allegation. The form is usual and sufficient. Stark. Crim. Pl. (2d ed.) 169, 170, 479. D. Davis’s Justice, 451, 452. Davis’s Prec. 37. Commonwealth v. King, 9 Cush. 284, 287. Commonwealth v. Glover, 111 Mass…

2Cited by6 opinions

  1. Commonwealth v. DonoghueMassachusetts Supreme Judicial Court · 1929
  2. Pettes v. CommonwealthMassachusetts Supreme Judicial Court · 1879
  3. Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
  4. Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1895
  5. Commonwealth v. DarlingMassachusetts Supreme Judicial Court · 1880

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