Commonwealth v. Barry
Massachusetts Supreme Judicial Court
Indictment for larceny of a trunk and its contents. At the trial in the Superior Court, before Dewey, J., it was proved that one Kerr, a travelling salesman from New York, had caused the trunk in question to be checked at the Union Station in Worcester, for Hartford, Connecticut, at about half past four in the afternoon of May 11, and had himself taken a train leaving at that time, but, as there was not time to load the trunk, it was retained in the baggage room at Worcester…
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Indictment for larceny of a trunk and its contents. At the trial in the Superior Court, before Dewey, J., it was proved that one Kerr, a travelling salesman from New York, had caused the trunk in question to be checked at the Union Station in Worcester, for Hartford, Connecticut, at about half past four in the afternoon of May 11, and had himself taken a train leaving at that time, but, as there was not time to load the trunk, it was retained in the baggage room at Worcester until the departure of the express train leaving Worcester for Hartford at half past ten at night, when it was put upon…
1Opinion of the CourtLord, J.
We do not understand that the presiding justice intended, by the language used, to instruct the jury that the temporary possession referred to in the instructions was, in itself, an asportation. It does not appear that the question, whether there was an asportation at or before the changing of the checks, was raised at the trial, or that the attention of the court was called to that subject. An asportation at that precise time was unimportant. The real question was, whether the defendant then, feloniously and with intent to steal, set in motion an innocent agency, by which the trunk and…
2Cited by12 opinions
- State v. PowersWest Virginia Supreme Court · 1922
- United States v. CohenCourt of Appeals for the Third Circuit · 1921
- Stansbury v. LuttrellCourt of Appeals of Maryland · 1927
- Jones v. StateWyoming Supreme Court · 2011
- State v. RozeboomSupreme Court of Iowa · 1910
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