Commonwealth v. Price
Massachusetts Supreme Judicial Court
Indictment averring that the defendant on the 18th of September 1857 at Boston had in his possession a counterfeit bill for $500 of the Blackstone Bank, established at Boston, “ with intent then and there to utter and pass the same,” knowing it to be counterfeit. At the trial in the municipal court of Boston at November term 1857, before Nash, J., George It.
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Indictment averring that the defendant on the 18th of September 1857 at Boston had in his possession a counterfeit bill for $500 of the Blackstone Bank, established at Boston, “ with intent then and there to utter and pass the same,” knowing it to be counterfeit. At the trial in the municipal court of Boston at November term 1857, before Nash, J., George It. Cowee testified that the defendant brought this bank bill and others to him, unsigned, and at the defendant’s request he filled up the signatures and handed the bills back to the defendant at Boston ; that the defendant asked his advice…
1Opinion of the CourtMetcalf, J.
1. The court are of opinion that the defendant has no legal ground of exception to the instructions which were given to the jury concerning the testimony of his accomplices. Commonwealth v. Brooks, 9 Gray, 299. United States v. Kessler, Bald. 22. Regina v. Stubbs, Dearsley, 555, and 7 Cox C. C. 48. 1 Greenl. Ev. § 380.
2. Nor can we sustain the exception taken to the instruction “ that it was immaterial where the defendant intended to pass the bill.” The only plausible reason for this exception is found in the form of the indictment, which alleges that the defendant had the counterfeit bill at…
2Cases cited1 opinion
- Commonwealth v. ConeMassachusetts Supreme Judicial Court · 1806
3Cited by3 opinions
- I. Charles Baker v. Thomas S. Eisenstadt, Sheriff of Suffolk CountyCourt of Appeals for the First Circuit · 1972
- Prussing v. JacksonAppellate Court of Illinois · 1899
- Leanne Walters v. Richard SnyderCourt of Appeals for the Sixth Circuit · 2022