Commonwealth v. Morse
Massachusetts Supreme Judicial Court
The defendant was indicted for stealing an ox, the property of which was alleged in the indictment to have been in one Cromwell Leonard.
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The defendant was indicted for stealing an ox, the property of which was alleged in the indictment to have been in one Cromwell Leonard. At the trial, which was had before Wilde, J., at the last October term in the county of Bristol, it was in evidence that the general property in the ox was in one Olive Morse ; that, the day before it was taken away by the defendant, it was attached by one of the deputy sheriffs of the county of Bristol as the property of the said Olive Morse, at the suit of the said Cromwell Leonard, and delivered by the deputy sheriff to the said Leonard, who gave to the…
1Opinion of the CourtParker, C. J.
The indictment alleges that the article stolen was of the goods and chattels of Cromwell Leonard. The evidence proved that the only interest which Leonard had in it was derived from the custody which he had undertaken for a deputy sheriff, who had attached the ox as the property of Olive Morse. The question presented by the motion for a new trial is, whether the allegation in the indictment, of property in Leonard, is sufficiently maintained by this evidence.
That the allegation is material, has not been questioned ; and it appears by the books on criminal law, that in all indictments for…
2Cases cited1 opinion
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
3Cited by25 opinions
- Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- The People v. . BennettNew York Court of Appeals · 1867
- Ludden v. LeavitiMassachusetts Supreme Judicial Court · 1812
- Dillenback v. JeromeNew York Supreme Court · 1827
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