Commonwealth v. Finn
Massachusetts Supreme Judicial Court
Indictment containing two counts, the first for robbing Richard Dootson, the second for receiving thirty-one gold sovereigns, of the property of Dootson, knowing them to have been stolen. At the trial in the superior court for Norfolk, before Dewey, J., it appeared that Dootson stole the sovereigns from their real owner, and afterwards on the same day was robbed of them by Lot Armstrong; and there was evidence that the defendant received the sovereigns from Armstrong.
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Indictment containing two counts, the first for robbing Richard Dootson, the second for receiving thirty-one gold sovereigns, of the property of Dootson, knowing them to have been stolen. At the trial in the superior court for Norfolk, before Dewey, J., it appeared that Dootson stole the sovereigns from their real owner, and afterwards on the same day was robbed of them by Lot Armstrong; and there was evidence that the defendant received the sovereigns from Armstrong. As to the defendant’s guilty knowledge, there was conflicting testimony; and he introduced evidence' of good character, and…
1Opinion of the CourtWells, J.
In charging the robbery, the goods stolen were properly described as being of the property of the person from whom they were taken; although, as against the true owner, he had no title or right in the goods, and his possession was tortious. Besides the authorities cited by the Attorney General, see Rose. Crim. Ev. (6th ed.) 602, 604, and cases there referred to. The decision in Commonwealth v. Morse, 14 Mass. 217, seems to have been a departure from the rule at common law; and has been corrected by statute. Rev. Sts. c. 133, § 11. Gen. Sts. c. 172, §12.
*468The defendant does not controvert this,…
2Cases cited1 opinion
- Commonwealth v. MorseMassachusetts Supreme Judicial Court · 1817
3Cited by34 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1978
- State v. PokiniHawaii Supreme Court · 1961
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
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