Legal Opinion

Commonwealth v. Billings

Massachusetts Supreme Judicial Court

Decided January 7, 1897PublishedCited by 12 opinions

Indictment, against Frank Z. Learned and George H. Billings, in twenty-six counts, thirteen of which charged both with breaking and entering in the night-time certain shops and stealing property therein described of other persons; and the other thirteen counts charged both with receiving the same property, alleged to belong to the same persons, knowing it to have been stolen.

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Indictment, against Frank Z. Learned and George H. Billings, in twenty-six counts, thirteen of which charged both with breaking and entering in the night-time certain shops and stealing property therein described of other persons; and the other thirteen counts charged both with receiving the same property, alleged to belong to the same persons, knowing it to have been stolen. At the trial of Billings alone in the Superior Court, before Mason, C. J., the jury returned a verdict of guilty on the eighth, sixteenth, and twenty-fourth counts only; and the defendant alleged exceptions, which appear…

1Opinion of the CourtKnowlton, J.

The defendant was convicted only on the eighth, sixteenth, and twenty-fourth counts of the indictment, and if there were any errors in the admission of evidence affecting only counts upon which he was acquitted, they did him no harm, and cannot now be availed of as grounds for a new trial. Commonwealth v. Meserve, 154 Mass. 64.

*285The first exceptions relate to the admission of evidence. The search of Learned’s house, and the discovery of a large amount of property there such as is not ordinarily found in dwelling-houses, and the comparison of articles there found with other articles found in the…

2Cases cited3 opinions

  1. Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
  2. Commonwealth v. LeonardMassachusetts Supreme Judicial Court · 1886
  3. Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889

3Cited by12 opinions

  1. Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
  2. Commonwealth v. DevaneyMassachusetts Supreme Judicial Court · 1902
  3. People v. MarinoNew York Court of Appeals · 1936
  4. State v. AlpertSupreme Court of Vermont · 1914
  5. State v. MoxleyMontana Supreme Court · 1910

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