Commonwealth v. Berry
Massachusetts Supreme Judicial Court
Indictment, stated in the bill of exceptions to have been found on the Gen. Sts. c. 161, § 41, for embezzling bank bills of the amount and value of $950. At the trial in the superior court, before Brigham, J., these facts appeared: The defendant was in the employment of a firm of furniture dealers, consisting of Daniel Shaler and George W. Safford and others, who had a factory in South Boston and a warehouse in the city of Boston proper.
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Indictment, stated in the bill of exceptions to have been found on the Gen. Sts. c. 161, § 41, for embezzling bank bills of the amount and value of $950. At the trial in the superior court, before Brigham, J., these facts appeared: The defendant was in the employment of a firm of furniture dealers, consisting of Daniel Shaler and George W. Safford and others, who had a factory in South Boston and a warehouse in the city of Boston proper. His special duty was to drive a team ; but he was liable to perform any other kind of service which might be assigned to him by his employers. On July 20,…
1Opinion of the CourtHoar, J.
The bill of exceptions states that this indictment was found under Gen. Sts. c. 161, § 41. It seems to be a good indictment under that section, or under § 35 of the same chapter. Commonwealth v. Concannon, 5 Allen, 506. Commonwealth v. Williams, 3 Gray, 461. But the more important question is, whether, upon the facts reported, an indictment can be sustained for the crime of embezzlement. The statutes creating that crime were all devised for the purpose of punishing the fraudulent and felonious appropriation of property which had been intrusted to the person, by whom it was converted to his…
2Cases cited5 opinions
- People v. HennesseyNew York Supreme Court · 1836
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
- Commonwealth v. O'MalleyMassachusetts Supreme Judicial Court · 1867
- People v. DaltonNew York Supreme Court · 1836
- United States v. ImbertU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
3Cited by15 opinions
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1892
- State v. SmithWashington Supreme Court · 1939
- Commonwealth v. LannanMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
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