Commonwealth v. O'Brien

The defendant having been acquitted on the indictment for forgery, his exceptions are confined to the indictment for conspiracy, on which he was found guilty. The indictment charged that the defendant and George A. Hastings and Robert O. Sears conspired together to steal the property, moneys, goods and chattels of George C. Lee, who could be found by the jury to have been a member of the banking firm of Lee, Higginson and Company, doing business in Boston, but only the defendant and Hastings were tried as Sears had not been arrested.

The defendant offered no evidence and the case was submitted…