Commonwealth v. Morgan
Massachusetts Supreme Judicial Court
Indictment, charging the defendant with larceny of certain promissory notes and orders for money from one Wright, on October 4, 1889. At the trial in the Superior Court, before Fessenden, J., two witnesses for the government, said Wright and the cashier of the bank, testified, among other things, that Wright entered the National Bank of the Republic in Boston between 12.30 and 1 P. M., went to the teller’s window and passed a bank-book containing notes and orders for money…
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Indictment, charging the defendant with larceny of certain promissory notes and orders for money from one Wright, on October 4, 1889. At the trial in the Superior Court, before Fessenden, J., two witnesses for the government, said Wright and the cashier of the bank, testified, among other things, that Wright entered the National Bank of the Republic in Boston between 12.30 and 1 P. M., went to the teller’s window and passed a bank-book containing notes and orders for money into the teller’s window, and waited for him to take it; that the teller was busy on the inside of the window, and did…
1Opinion of the CourtMorton, J.
The defendant was identified by Wright and another witness for the government as the 'man who stepped up to him in the bank and engaged him in conversation, and simultaneously with whose departure Wright discovered that the notes, orders, and book were gone. The jury was not bound to believe the testimony as to the alibi. It was for the jury to say, upon all the evidence, whether the defendant was in the bank at the time the witnesses for the government said he was, and whether he took or had a hand in taking the notes and orders which he was accused of stealing.
One of the government…
2Cases cited4 opinions
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Randall v. ChaseMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. CampbellMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. GoodnowMassachusetts Supreme Judicial Court · 1891
3Cited by12 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
- Shaffer v. United StatesCourt of Appeals for the D.C. Circuit · 1904
- De Forge v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1901
- State v. RobertsNevada Supreme Court · 1905
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