Commonwealth v. Gallagher
Massachusetts Supreme Judicial Court
Indictment, charging the defendant with the larceny, on September 19,1878, from the person of John Sheridan, of “divers promissory notes, payable to the bearer on demand, current as money in said Commonwealth, of the amount and of the value of eighty dollars, a more particular description of which is to the jurors unknown.”
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Indictment, charging the defendant with the larceny, on September 19,1878, from the person of John Sheridan, of “divers promissory notes, payable to the bearer on demand, current as money in said Commonwealth, of the amount and of the value of eighty dollars, a more particular description of which is to the jurors unknown.” At the trial in the Superior Court, before Putnam, J., Sheridan testified that his wallet, containing eighty dollars in bank bills, one twenty-dollar bill, six five-dollar bills, and three ten-dollar bills, was taken from him by the defendant on the day alleged in the…
1Opinion of the CourtGray, C. J.
The instructions requested were rightly refused. There was no evidence that the grand jury had a full description of the bills, and it was not necessary to prove that the amount of bills stolen was not more than was alleged. Commonwealth v. Hussey, 111 Mass. 432. It is settled by our decisions, that an indictment for stealing “ promissory notes ” is supported by proof of stealing bank bills. Commonwealth v. Butts, 124 Mass. 449. The record introduced was conclusive evidence of the conviction and sentence, and all the testimony afterwards admitted on that point was immaterial. The…
2Cases cited2 opinions
- Commonwealth v. HusseyMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. ButtsMassachusetts Supreme Judicial Court · 1878
3Cited by17 opinions
- Gertz v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Lamoureux v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. GettiganMassachusetts Supreme Judicial Court · 1925
- Lang v. StateSupreme Court of Florida · 1900
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