Commonwealth v. Lavery
Massachusetts Supreme Judicial Court
Indictment for larceny. Trial and conviction in the superior court of Suffolk, before Ames, C. J., to whose instructions the defendant alleged exceptions, the material part of which is stated in the opinion.
1Opinion of the CourtGray, J.
1. The indictment charged the defendant with lat eeny in a building in the city of Boston in the county of Suffolk. *208The only proof was of larceny in a building in the city of Chelsea in the same county. The defendant contended that this was a fatal variance. But the jury were instructed that this proof would warrant them in returning a verdict of guilty of simple larceny, but not of larceny in a building. The defendant has no ground of exception on this point. Simple larceny is an offence not local in its nature, and the particular place in which the- offence was committed is immaterial if it…
2Cases cited1 opinion
- People v. HoneymanNew York Supreme Court · 1846
3Cited by14 opinions
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. ParrottaMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
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