Commonwealth v. Fredericks
Massachusetts Supreme Judicial Court
Two INDICTMENTS, returned into the Superior Court at the December term of 1890, against the defendant for larceny, the first for stealing twenty fowls valued at twenty dollars, at Brook-line, on October 11,1890, and the second for stealing forty fowls valued at forty dollars, at Needham, on September 7, 1890, all the property of persons unknown. Pleas, autrefois acquit. The cases were tried before Bishop, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Two INDICTMENTS, returned into the Superior Court at the December term of 1890, against the defendant for larceny, the first for stealing twenty fowls valued at twenty dollars, at Brook-line, on October 11,1890, and the second for stealing forty fowls valued at forty dollars, at Needham, on September 7, 1890, all the property of persons unknown. Pleas, autrefois acquit. The cases were tried before Bishop, J., who allowed a bill of exceptions, in substance as follows. The defendant showed, by the records of the Superior Court, that at the same December term he had been indicted jointly with…
1Opinion of the CourtAllen, J.
We infer that these two indictments were tried together, though this is not directly stated. No objection was made at the trial, or is now made, to this mode of proceeding.
The mere fact that in a former indictment for larceny the description of the things alleged to have been stolen was such that the same evidence which would warrant a conviction upon that indictment might also be sufficient to warrant a conviction of the offences charged in the present indictments, did not of itself raise a presumption that the former offence was the same, so as to support a plea of former acquittal without…
2Cases cited2 opinions
- State v. SmithSupreme Court of Vermont · 1849
- Commonwealth v. SutherlandMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937