Commonwealth v. Lawless
Massachusetts Supreme Judicial Court
Indictment for larceny of “a certain paper writing, called and being a ‘discharge’ from tbe military service of the United States, of the value of one hundred dollars; one ‘ discharge ’ paper of the value of one hundred dollars; one check of tbe denomination and value of one hundred dollars; one bank check of the denomination and value of one hundred dollars; one order for money of the denomination and value of one hundred dollars; one promissory note of the denomination and…
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Indictment for larceny of “a certain paper writing, called and being a ‘discharge’ from tbe military service of the United States, of the value of one hundred dollars; one ‘ discharge ’ paper of the value of one hundred dollars; one check of tbe denomination and value of one hundred dollars; one bank check of the denomination and value of one hundred dollars; one order for money of the denomination and value of one hundred dollars; one promissory note of the denomination and value of one hundred dollars; one draft of the denoriiination and value of one hundred dollars; of the property, goods…
1Opinion of the CourtWells, J.
1. If the jury found “ that the check was in the custody of the surgeon general on a naked trust for the benefit of Gill,” it was properly described as Gill’s property. It was payable to his order. The surgeon general had no interest in it, and no right to retain it from Gill. It was in his hands only *431for transmission. The beneficial interest, the right of possession, and constructive possession also, were in Gill. That is sufficient. Gen. Sts. c. 172, § 12.
2. The ruling of the court, “that the evidence was sufficient on which to convict of the charge in the indictment,” must be taken in…
2Cited by23 opinions
- State v. SorrentinoWyoming Supreme Court · 1924
- Commonwealth v. NovickiMassachusetts Supreme Judicial Court · 1949
- Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. FranksMassachusetts Supreme Judicial Court · 1974
- Hill v. North River InsuranceSupreme Court of Kansas · 1922
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