Commonwealth v. Kenney
Massachusetts Supreme Judicial Court
The indictment against- the defendant alleged that he, on the 5th of September 1846, at Boston, in the shop of Joseph Thompson, took, stole and carried away one bag, and sundry pieces of silver and copper coin, the property of Barzillai Russell, in his possession and on his person. At the trial in the municipal court, before Cushing, J. Russell was not called as a witness.
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The indictment against- the defendant alleged that he, on the 5th of September 1846, at Boston, in the shop of Joseph Thompson, took, stole and carried away one bag, and sundry pieces of silver and copper coin, the property of Barzillai Russell, in his possession and on his person. At the trial in the municipal court, before Cushing, J. Russell was not called as a witness. John S. Brewer was called by the attorney for the Commonwealth, and testified that he was in one of the watch houses, in Boston, between eleven and twelve o’clock in the evening of September 5th 1846, and that while he was…
1Opinion of the CourtShaw, C. J.
The defendant was indicted for stealing money and a bag, the property of Barzillai Russell, from the person of said Russell. The averment of the fact of stealing, and that the money was the property of Russell, were material averments. Russell was not called as a witness, doubtless because he could not be found. But evidence was offered to show that declarations were made at the watch house, by Russell, in the presence and hearing of the defendant, in regard to the theft, to which the defendant made no reply. This evidence was objected to by the defendant, but was admitted by the court; and…
2Cited by17 opinions
- People v. PfanschmidtIllinois Supreme Court · 1914
- State v. FerroneSupreme Court of Connecticut · 1922
- Greenberg v. StanleySupreme Court of New Jersey · 1959
- State v. DowlingSupreme Court of Missouri · 1941
- State v. BatesSupreme Court of Connecticut · 1953
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