Commonwealth v. Dewitt
Massachusetts Supreme Judicial Court
The defendant, being indicted for a larceny, was tried during this term before Sewall, J., and, being convicted, he moved for a new trial, for the misdirection of the judge. The judge reported the evidence that the goods were stolen in Boston, in the county of Suffolk, and brought from thence to this place by two persons, who had been committed on the same charge, but had escaped from prison.
Read the full summary
The defendant, being indicted for a larceny, was tried during this term before Sewall, J., and, being convicted, he moved for a new trial, for the misdirection of the judge. The judge reported the evidence that the goods were stolen in Boston, in the county of Suffolk, and brought from thence to this place by two persons, who had been committed on the same charge, but had escaped from prison. The defendant came afterwards by himself from Boston, joined the other two here, and was concerned with them in the possession and disposal of the goods. The judge instructed the jury that, if they were…
1Opinion of the Court
Sewall, J.,
said that he had entertained some doubts at the trial, and wished to have the question saved. Upon further consideration, those doubts, which had been excited by suggestions arising from technical nicety, were dissipated.
The whole Court agreed that the motion must be overruled and the defendant was sentenced, (a)
ADDITIONAL NOTE.
[A person is guilty of larceny, in Vermont, who brings into that state property feloniously taken in Canada. — State vs. Bartlett, 31 Verm. 650.
A foreigner, who, after committing larceny abroad, comes into New York, and brings the stolen property with him,…
2Cited by11 opinions
- State v. WilletteMontana Supreme Court · 1912
- Cox v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. UnderwoodSupreme Judicial Court of Maine · 1858
- Peaper v. StateCourt of Special Appeals of Maryland · 1972
- People v. PerrinCalifornia Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.