Commonwealth v. Miller
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Bristol, in two counts, against Caleb S. Miller and Charles H. Elderkin, charging them both in the first count with having received stolen goods on February 3, 1889, the property of one Whittaker, and in the second count with having received stolen goods on February 5,1889, the property of one Fish.
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Complaint to the First District Court of Bristol, in two counts, against Caleb S. Miller and Charles H. Elderkin, charging them both in the first count with having received stolen goods on February 3, 1889, the property of one Whittaker, and in the second count with having received stolen goods on February 5,1889, the property of one Fish. At the trial in the District Court, Elderkin was found guilty on both counts, and Miller was found not guilty on the first count and guilty upon the second count, and both appealed. In the Superior Court, Miller asked for a separate trial, on the ground…
1Opinion of the CourtC. Allen, J.
For the purposes of this case we are content to assume, without discussion, that an indictment should be quashed which should charge B. with having received stolen goods at one time, and A. and B. with having received other stolen goods at a different time. But the complaint in the present case was proper. It charged both defendants jointly, in two counts, with having received different stolen goods at *70different times. There was no legal objection to the complaint, and none was taken. Commonwealth v. Hills, 10 Cush. 530. Edgerton v. Commonwealth, 5 Allen, 574. Commonwealth v. Sullivan, 104…
2Cases cited7 opinions
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. CareyMassachusetts Supreme Judicial Court · 1869
- City of Springfield v. SleeperMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. BoraskyMassachusetts Supreme Judicial Court · 1913
- Burke v. HodgeMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. RosenthalMassachusetts Supreme Judicial Court · 1912
7 more not listed; retrieve them via the Exa API.