Commonwealth v. Quinn
Massachusetts Supreme Judicial Court
Indictment, found and returned on May 5,1913, against Raymond J. Quinn, Harris Berman and Meyer Fuchs, charging that the defendants on December 13, 1912, at Springfield “ certain money of the amount and of the value of $700 of the money and property of one Henry D. Bullard, in the possession of the said Henry D. Bullard, being found, then and there feloniously did steal, take and carry away, contrary to the form of statute in such case made and provided.”
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Indictment, found and returned on May 5,1913, against Raymond J. Quinn, Harris Berman and Meyer Fuchs, charging that the defendants on December 13, 1912, at Springfield “ certain money of the amount and of the value of $700 of the money and property of one Henry D. Bullard, in the possession of the said Henry D. Bullard, being found, then and there feloniously did steal, take and carry away, contrary to the form of statute in such case made and provided.” The bill of particulars as amended was as follows: “And now comes the Commonwealth, in answer to the motion of the defendant Fuchs for a…
1Opinion of the CourtCrosby, J.
1. The indictment charges the defendants with the larceny of $700, the property of one Bullard. It is in conformity with the provisions of R. L. c. 218, §§ 38, 40. The motions to quash were properly denied. The indictment, with the statements of particulars filed, accurately charges larceny by false pretences. As was said by this court in Commonwealth v. Stevenson, 127 Mass. 446, at page 449: “But it is no ground for quashing an indictment for obtaining money by false pretences, that it contains some immaterial allegations, or that some of the pretences charged may not be properly charged, if…
2Cases cited22 opinions
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1882
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Commonwealth v. FarmerMassachusetts Supreme Judicial Court · 1914
- Gurney v. TenneyMassachusetts Supreme Judicial Court · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. NealSupreme Court of Missouri · 1943
- Commonwealth v. McKnightMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. CoshnearMassachusetts Supreme Judicial Court · 1935
- Dorr v. Massachusetts Title InsuranceMassachusetts Supreme Judicial Court · 1921
- Bay State Wholesale Drug Co. v. WhitmanMassachusetts Supreme Judicial Court · 1932
14 more not listed; retrieve them via the Exa API.