Legal Opinion

Commonwealth v. Flynn

Massachusetts Supreme Judicial Court

Decided January 20, 1897PublishedCited by 8 opinions

Complaint, to the Municipal Court of the Dorchester District of Boston, charging the defendant, on February 28, 1896, at Boston, with the larceny of a one-dollar bill, the property of Margaret Driscoll. Trial in the Superior Court, on appeal, before Bond, J., who allowed a bill of exceptions, in substance as follows.

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Complaint, to the Municipal Court of the Dorchester District of Boston, charging the defendant, on February 28, 1896, at Boston, with the larceny of a one-dollar bill, the property of Margaret Driscoll. Trial in the Superior Court, on appeal, before Bond, J., who allowed a bill of exceptions, in substance as follows. Margaret Driscoll testified that on February 28,1896, she was employed by a family living in Dorchester; that the defendant came to her and asked her to purchase a ticket entitling her to have one dozen photographs taken for one dollar and a half, twenty-five cents to be paid in…

1Opinion of the CourtMorton, J.

The defendant was identified by the witness Driscoll as the man who obtained the bill from her, and, in addition to the representations by which he induced her to part with it, there was evidence that he went away with it and never returned, and that when he was arrested, about ten days later, he denied that he had ever seen her before, gave different names to the officer who arrested him, and said that he had to suffer for some one else. It was competent for the jury to find on this testimony that the title to the bill did not pass to him, and that he obtained, possession of it by fraud,…

2Cases cited7 opinions

  1. Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1878
  2. Commonwealth v. MyersMassachusetts Supreme Judicial Court · 1894
  3. Commonwealth v. LannanMassachusetts Supreme Judicial Court · 1891
  4. Commonwealth v. RubinMassachusetts Supreme Judicial Court · 1896
  5. Commonwealth v. O'MalleyMassachusetts Supreme Judicial Court · 1867

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
  2. Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
  3. State v. SmithWashington Supreme Court · 1939
  4. Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1905
  5. Farmers Loan & Trust Co. v. Southern Surety Co.Supreme Court of Missouri · 1920

3 more not listed; retrieve them via the Exa API.

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