Commonwealth v. Ashton
Massachusetts Supreme Judicial Court
Indictment in two counts. The second count, upon which the defendant was convicted, charged that the defendant, at Boston, on April 7, 1877, “ did fraudulently obtain from one Joseph C. Fletcher, by means of a game, device, sleight of hand and trick, by the use of cards and other implements and instruments, a more particular description of which said game, device, sleight of hand, trick, implements, instruments and cards, is to said jurors unknown, certain moneys, to wit,…
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Indictment in two counts. The second count, upon which the defendant was convicted, charged that the defendant, at Boston, on April 7, 1877, “ did fraudulently obtain from one Joseph C. Fletcher, by means of a game, device, sleight of hand and trick, by the use of cards and other implements and instruments, a more particular description of which said game, device, sleight of hand, trick, implements, instruments and cards, is to said jurors unknown, certain moneys, to wit, divers promissory notes, current as money in said Commonwealth, of the amount and of the value in all of eight hundred and…
1Opinion of the CourtMorton, J.
The second count of the indictment is under the Gen. Sts. c. 161, § 57. It follows substantially the words of the statute, and is sufficient. The general rule is, that where an offence is created by statute, which sets forth with certainty all the elements necessary to constitute the offence intended to be punished, an indictment is sufficient which follows the words of the statute. Commonwealth v. Barrett, 108 Mass. 302, and cases cited.
The words of this statute import that a person, to be guilty, must play, practise or use some game, device, sleight of hand, pretensions to fortune telling,…
2Cases cited2 opinions
- Commonwealth v. BarrettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. ButtsMassachusetts Supreme Judicial Court · 1878
3Cited by8 opinions
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. BeckMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1880
- State v. GraySupreme Court of Minnesota · 1882
- Commonwealth v. PrescottMassachusetts Supreme Judicial Court · 1890
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