Commonwealth v. Barry
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 43, charging the defendant on October 21, 1871, with feloniously buying and receiving and aiding in the concealment of certain legal tender notes and bank bills of the goods, chattels and moneys of the National Mahawie Bank, knowing the same to have been feloniously stolen, the said legal tender notes and bank bills having been before then feloniously stolen, taken and carried away by one William S. Hine.
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Indictment on the Gen. Sts. c. 161, § 43, charging the defendant on October 21, 1871, with feloniously buying and receiving and aiding in the concealment of certain legal tender notes and bank bills of the goods, chattels and moneys of the National Mahawie Bank, knowing the same to have been feloniously stolen, the said legal tender notes and bank bills having been before then feloniously stolen, taken and carried away by one William S. Hine. At the trial in the Superior Court, before Rockwell, J., the defendant pleaded in bar to the jurisdiction that the offence set forth in the indictment…
1Opinion of the CourtWells, J.
The only question argued before us by the defendant is that of jurisdiction. It is contended that when an offence is punishable both by the laws of a state and by those of the United States, the jurisdiction of the courts of the latter excludes that of the state courts, unless otherwise provided by the laws of the United States.
If we assume that position to be correct, it does not meet this case. The offence charged in the indictment, upon which the defendant was found guilty, is that of receiving and aiding in the concealment of stolen property, under the Gen. Sts. a. 161, § 43. The count…
2Cases cited7 opinions
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. TenneyMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. FeltonMassachusetts Supreme Judicial Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1920
- Commonwealth v. CepulonisMassachusetts Supreme Judicial Court · 1978
- State v. GordonSupreme Court of Minnesota · 1908
- Commonwealth v. MarsinoMassachusetts Supreme Judicial Court · 1925
- Commonwealth v. MathesonMassachusetts Supreme Judicial Court · 1952
6 more not listed; retrieve them via the Exa API.