Commonwealth v. Bressant
Massachusetts Supreme Judicial Court
Indictment chargmg the defendant, on September 9, 1878, at Boston, with the larceny of “ divers promissory notes of the amount and of the value in all of nine hundred and fourteen dollars, a more particular description of which is to the jurors unknown, of the property, goods and chattels of one Nicholas Moens.” At October term 1878 of the Superior Court, the defendant filed a plea in bar, the substance of which appears in the opinion, to wMch the government demurred.
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Indictment chargmg the defendant, on September 9, 1878, at Boston, with the larceny of “ divers promissory notes of the amount and of the value in all of nine hundred and fourteen dollars, a more particular description of which is to the jurors unknown, of the property, goods and chattels of one Nicholas Moens.” At October term 1878 of the Superior Court, the defendant filed a plea in bar, the substance of which appears in the opinion, to wMch the government demurred. Putnam, J., sustained the demurrer and overruled the plea. The defendant was then tried; the jury returned a verdict of…
1Opinion of the CourtMorton, J.
The only question which the defendant now presents for our consideration is whether his special plea in bar is a good plea of a former acquittal of the same offence charged in the indictment.
The plea, after alleging that a complaint was made against the defendant before the Municipal Court of the city of Boston, charging him with the larceny of divers promissory notes the property of Nicholas Moens, and that a warrant thereon was issued upon which he was brought before said court and arraigned on the 4th day of October, when he pleaded not guilty, avers that “the case was continued until the…
2Cited by20 opinions
- Britton v. MaloneyCourt of Appeals for the First Circuit · 1999
- Commonwealth v. BrandanoMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. GordonMassachusetts Supreme Judicial Court · 1991
- Commonwealth v. BallouMassachusetts Supreme Judicial Court · 1966
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