Commonwealth v. Jenks
Massachusetts Supreme Judicial Court
Indictment against James Jenks and Elisha Douglass, charging them with the larceny, on January 17, 1884, at Boston, of divers promissory notes of the amount and value of $50, of the property of one John McGrath. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: Before the jury were empanelled, the defendant filed a motion to quash the indictment, “because the same is uncertain, indefinite, and insufficient.”
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Indictment against James Jenks and Elisha Douglass, charging them with the larceny, on January 17, 1884, at Boston, of divers promissory notes of the amount and value of $50, of the property of one John McGrath. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: Before the jury were empanelled, the defendant filed a motion to quash the indictment, “because the same is uncertain, indefinite, and insufficient.” The judge overruled the motion; and the defendants excepted. McGrath was called as a witness by the government, and testified…
1Opinion of the CourtW. Allen, J.
1. It was a sufficient reason for overruling the motion to quash, that it did not specify the objections relied on. Pub. Sts. c. 214, § 25. Commonwealth v. Murray, 135 Mass. 530. But the indictment was sufficient. Commonwealth v. Collins, ante, 483.
2. It is matter of, elementary learning, that, upon an indictment against several for larceny, one may be convicted. See Commonwealth v. Bakeman, 131 Mass. 577. If it were otherwise, it is difficult to see how the defendants could have been harmed by the ruling, as both were convicted.
3. The indictment was sustained by proof of a larceny of…
2Cases cited5 opinions
- Commonwealth v. MurrayMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. GallagherMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. BrettunMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. ButtsMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- Commonwealth v. MadeirosMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. LangleyMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. LannanMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. LaneMassachusetts Supreme Judicial Court · 1892