Commonwealth v. Tolliver
Massachusetts Supreme Judicial Court
Indictment charging Lawrence Tolliver and Cornelius Randall with the robbery, on September 1, 1875, from the person of Catherine Byron, of “ three bank bills, each of the denomination of five dollars and each of the value of five dollars ; three bank bills each of the denomination of two dollars, and each of the value of two dollars, and one bank bill of the denomination of ten dollars, and of the value of ten dollars, of the goods and moneys of said Catherine Byron.”
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Indictment charging Lawrence Tolliver and Cornelius Randall with the robbery, on September 1, 1875, from the person of Catherine Byron, of “ three bank bills, each of the denomination of five dollars and each of the value of five dollars ; three bank bills each of the denomination of two dollars, and each of the value of two dollars, and one bank bill of the denomination of ten dollars, and of the value of ten dollars, of the goods and moneys of said Catherine Byron.” At the trial in the Superior Court, before Wilkinson, J., the evidence of the government tended to show that Catherine Byron,…
1Opinion of the CourtAmes, J.
As one circumstance having a tendency to prove guilt on the part of the defendant, Tolliver, the fact that he concealed himself immediately after the alleged robbery was admissible. This fact could only be proved by evidence that he was sought for and not readily or easily found. Such evidence would be of little weight unless it were nearly connected with the time of the robbery, and therefore, among other particulars in regard to the attempt made to find him, it was necessary and proper to inquire how soon after the robbery the search for him began.
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2Cases cited3 opinions
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. BonnerMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
3Cited by22 opinions
- Commonwealth v. ToneyMassachusetts Supreme Judicial Court · 1982
- State v. KentNorth Dakota Supreme Court · 1896
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. BernierMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
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