Commonwealth v. McDonald
Massachusetts Supreme Judicial Court
Indictment, found and returned in the county of Suffolk on December 12, 1903, alleging that the defendant on November 2, 1903, at Boston, “ money of the amount and of the value in all of seven hundred and seventy-seven dollars, a more particular description of which is to said jurors unknown, of the property, goods and chattels of one John Hamilton in his possession then and there being, did then and there feloniously steal, take and carry away.”
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Indictment, found and returned in the county of Suffolk on December 12, 1903, alleging that the defendant on November 2, 1903, at Boston, “ money of the amount and of the value in all of seven hundred and seventy-seven dollars, a more particular description of which is to said jurors unknown, of the property, goods and chattels of one John Hamilton in his possession then and there being, did then and there feloniously steal, take and carry away.” At the trial in the Superior Court before Aihen, J., the defendant filed a motion to quash the indictment, and also a motion that the Commonwealth…
1Opinion of the CourtBraley, J.
The motion to quash was overruled properly, as the indictment on its face sufficiently set forth with technical precision enough to charge the defendant with the crime of larceny. Commonwealth v. Adams, 7 Gray, 43. Green v. Commonwealth, 111 Mass. 417.
Under the agreed statement of facts, when supplemented by the defendant’s evidence, it clearly appears that the money collected by him, either as cash from customers, or as returns of the checks which he negotiated, should have been delivered to the captain of the vessel, by whom alone after certain deductions had been made for expenses of the…
2Cases cited13 opinions
- Commonwealth v. KelleyMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. RobertsonMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. HusseyMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. DillMassachusetts Supreme Judicial Court · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commonwealth v. KiernanMassachusetts Supreme Judicial Court · 1964
- Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. JordanMassachusetts Supreme Judicial Court · 1911
- People v. NoblettNew York Court of Appeals · 1927
- Tyndale v. StanwoodMassachusetts Supreme Judicial Court · 1906
4 more not listed; retrieve them via the Exa API.