Commonwealth v. Mason
Massachusetts Supreme Judicial Court
Indictment for larceny of a horse owned by Joseph H. Davenport, at Sterling. Trial, and verdict of guilty, in the superior court, before Devens, J., who allowed the following bill of excepions: “ There was evidence of a certain conversation, about the first of October 1867, with the defendant, tending to show that he complained that Davenport’s-horse had been in the habit of trespassing upon his mowing in Sterling, and that Davenport had misused him about some waterworks;…
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Indictment for larceny of a horse owned by Joseph H. Davenport, at Sterling. Trial, and verdict of guilty, in the superior court, before Devens, J., who allowed the following bill of excepions: “ There was evidence of a certain conversation, about the first of October 1867, with the defendant, tending to show that he complained that Davenport’s-horse had been in the habit of trespassing upon his mowing in Sterling, and that Davenport had misused him about some waterworks; that he intended to take the horse and conceal it, in the belief that Davenport would offer a reward, and then to return…
1Opinion of the CourtMorton, J.
This is an indictment for larceny of a horse. At the trial, there was evidence tending to show that the defendant took the horse while trespassing upon his premises, with the intent to conceal it until the owner should offer a reward, and then to return it and claim the reward, or until the owner should be induced to sell it to him for a less price than its value.
The defendant requested the court to instruct the jury “ that if the defendant took the property when found trespassing upon his premises, with the intent to induce the owner to offer a reward, and then return the property and claim…
2Cited by42 opinions
- People v. DavisCalifornia Supreme Court · 1998
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- State v. HauptmannSupreme Court of New Jersey · 1935
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Pennsylvania Indemnity Fire Corp. v. AldridgeCourt of Appeals for the D.C. Circuit · 1941
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