Commonwealth v. Howe
Massachusetts Supreme Judicial Court
Indictment in five counts. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts, on their oaths, present that Sarah E. Howe, of Boston aforesaid, on the fifth day of May, in the year of our Lord one thousand eight hundred and seventy-nine, at Boston aforesaid, being a person of an evil disposition, and devising and intending by unlawful ways and means to obtain and get into her hands and possession the goods, merchandise, chattels and effects of…
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Indictment in five counts. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts, on their oaths, present that Sarah E. Howe, of Boston aforesaid, on the fifth day of May, in the year of our Lord one thousand eight hundred and seventy-nine, at Boston aforesaid, being a person of an evil disposition, and devising and intending by unlawful ways and means to obtain and get into her hands and possession the goods, merchandise, chattels and effects of the honest and good citizens of this Commonwealth, and with intent to cheat and defraud, did then and there,…
1Opinion of the CourtC. Allen, J.
1. The defendant moved to quash this indictment, on the ground that there is no averment, in each and every count, of the purpose for which the defendant sought to get into her possession the property alleged in the indictment. In support of this motion, it has been argued that the indictment is defective in not averring that the false pretences were made with a view to induce the party alleged to have been *258defrauded to pay to the defendant as a deposit the money thereinafter mentioned.
It has been held that an indictment for obtaining money or goods by false pretences must set forth…
2Cited by19 opinions
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Bartley v. StateNebraska Supreme Court · 1898
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- State v. WillisSupreme Court of Connecticut · 1898
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