Commonwealth v. Fuller
Massachusetts Supreme Judicial Court
Indictment for conspiracy. The second count, upon which the defendants were tried, was as follows: “ And the jurors for the Commonwealth of Massachusetts, on their aforesaid oath, do further present, that Gardner F. Fuller, otherwise called Gardner A. Fuller, E. Frank Mosher and Abiel W. K. Newton, all of said Boston, wickedly devising and intending to cheat and defraud one Daniel Goodnow, on the eighteenth day of July, in the year aforesaid, at said Boston, did unlawfully…
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Indictment for conspiracy. The second count, upon which the defendants were tried, was as follows: “ And the jurors for the Commonwealth of Massachusetts, on their aforesaid oath, do further present, that Gardner F. Fuller, otherwise called Gardner A. Fuller, E. Frank Mosher and Abiel W. K. Newton, all of said Boston, wickedly devising and intending to cheat and defraud one Daniel Goodnow, on the eighteenth day of July, in the year aforesaid, at said Boston, did unlawfully conspire, confederate, combine and agree together, falsely, knowingly, designedly and fraudulently, to cheat and defraud…
1Opinion of the CourtC. Allen, J.
The second count of this indictment contains everything necessary in an indictment for conspiracy, according to the strictest rules. The intention to cheat and defraud Goodnow, the conspiracy to do so, the property out of which he was to be cheated, the false and fraudulent pretences by means of which the fraud was to be accomplished, are all fully set forth; and the defendant is connected with them all. A conspiracy to cheat and defraud one out of his property by means of false and fraudulent pretences, is an indictable offence of itself. *567It is not necessary to set out any overt acts, or any…
2Cases cited2 opinions
- Commonwealth v. WalkerMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. WatermanMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1919
- Geist v. United StatesCourt of Appeals for the D.C. Circuit · 1906