Commonwealth v. Dewhirst
Massachusetts Supreme Judicial Court
Indictment, with thirty-eight counts, found and returned in the Superior Court for the county of Essex in May, 1904, charging the defendant, a clerk and servant of the Arlington Co-operative Association, with making false entries in violation of R. L. c. 208, § 58. At the trial in the Superior Court before Stevens, J. the defendant moved to quash the indictment “ because said indictment does not completely and fully, substantially and formally set forth any offence known to…
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Indictment, with thirty-eight counts, found and returned in the Superior Court for the county of Essex in May, 1904, charging the defendant, a clerk and servant of the Arlington Co-operative Association, with making false entries in violation of R. L. c. 208, § 58. At the trial in the Superior Court before Stevens, J. the defendant moved to quash the indictment “ because said indictment does not completely and fully, substantially and formally set forth any offence known to the law, in that in none of said counts is it alleged that the defendant was charged with any duty in reference to the…
1Opinion of the CourtLoring, J.
1. The motion to quash was rightly overruled. The objection specifically assigned is that “in none of said counts is it alleged that the defendant was charged with any duty in reference to the books of the corporation named in said indictment, or had access or right of access to said books'.” This case comes within the general principle that it is enough if the crime be charged in the language of the act creating it. Commonwealth v. Ashton, 125 Mass. 384. Commonwealth v. Prescott, 151 Mass. 60. Commonwealth v. Dill, 160 Mass. 536. *296Commonwealth v. Hodgkins, 170 Mass. 197. Commonwealth v.…
2Cases cited9 opinions
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. DanzigerMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. McCabeMassachusetts Supreme Judicial Court · 1895
- Wood v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1904
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3Cited by3 opinions
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. HareMassachusetts Supreme Judicial Court · 1972
- State v. YochelmanSupreme Court of Connecticut · 1927