Commonwealth v. O'Brien
Massachusetts Supreme Judicial Court
Indictment, under Pub. Sts. c. 203, § 59, alleging that the defendant, “ of Newport in the State of Rhode Island,” on October 31, 1894, at Taunton, “ with intent to cheat and defraud one Lawrence A. Kearns, did then and there unlawfully, knowingly, and designedly falsely pretend and represent to said Kearns that certain property, to wit, certain looms and machinery situated in said Newport which he,” the defendant, then and there had in his possession, and with which he was…
Read the full summary
Indictment, under Pub. Sts. c. 203, § 59, alleging that the defendant, “ of Newport in the State of Rhode Island,” on October 31, 1894, at Taunton, “ with intent to cheat and defraud one Lawrence A. Kearns, did then and there unlawfully, knowingly, and designedly falsely pretend and represent to said Kearns that certain property, to wit, certain looms and machinery situated in said Newport which he,” the defendant, then and there had in his possession, and with which he was then at said Newport manufacturing webbing and elastic goods, were “ then and there the property of him,” the defendant,…
1Opinion of the CourtHolmes, J.
This is an indictment for obtaining money by false pretences. The trial of the case was obscured by an excessive number of objections and requests for rulings. We shall confine ourselves to disposing of the points insisted on in the argument. Commonwealth v. Devlin, 141 Mass. 423, 432.
1. The motion to quash, and the accompanying motion to strike out certain passages from the indictment, which, for the sake of the argument, we treat as offering further reasons for the motion to quash, were properly overruled. The indictment alleges false pretences that certain property was owned by the…
2Cases cited15 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1880
- Woodruff v. WentworthMassachusetts Supreme Judicial Court · 1882
- McCord v. . the PeopleNew York Court of Appeals · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Commonwealth v. StuartMassachusetts Supreme Judicial Court · 1911
- State v. MellenbergerOregon Supreme Court · 1939
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. JacobsonMassachusetts Supreme Judicial Court · 1927
11 more not listed; retrieve them via the Exa API.