Hope v. Commonwealth
Massachusetts Supreme Judicial Court
Writ of error. The plaintiff in error and Timothy Peter- • son were tried in the court of common pleas, in the county of Middlesex, on an indictment which contained two counts.
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Writ of error. The plaintiff in error and Timothy Peter- • son were tried in the court of common pleas, in the county of Middlesex, on an indictment which contained two counts. The first count alleged that said Hope and Peterson, on, &c. at Malden in said county, sundry bank bills, one pair of calf-skin shoes, one hair brush, and two combs, all of the value of sixty two dollars, of the moneys, goods and chattels, of one Samuel Shute, then and there in the dwelling-house of said Shute being found, feloniously did steal, take and carry away, in the dwelling-house aforesaid. The second count…
1Opinion of the CourtDewey, J.
The plaintiff in error was charged with stealing various articles particularly set forth, to which was added a collective value only; and upon the trial, the jury acquitted him of the larceny charged in the second count, except as to one article. The question is, whether the larceny of that article is well charged.
Assuming that a collective value may be unobjectionable, where the party is found guilty of stealing the entire property described and charged to be stolen, yet it is insisted, that if allowable to that extent, it can go no further, and that, where many articles are described as of…
2Cases cited1 opinion
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1804
3Cited by10 opinions
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- Southern Union Co. v. United StatesSupreme Court of the United States · 2012
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. GriffinDistrict Court, D. Massachusetts · 2007
- United States v. HendersonDistrict Court, S.D. West Virginia · 2000
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