Commonwealth v. Warren
Massachusetts Supreme Judicial Court
The defendants were indicted, at the last April term at Ipswich, for a conspiracy to cheat one Moses Putnam of a large quantity of shoes; and the indictment charged that, in pursuance of the conspiracy, they falsely affirmed that the defendant Warren’s name was William Lane; that he lived at Gloucester, and carried on the business of making shoes; that, through disappointment, he had not b} him the number of shoes he then wanted for a shipment to the Havanna, and was…
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The defendants were indicted, at the last April term at Ipswich, for a conspiracy to cheat one Moses Putnam of a large quantity of shoes; and the indictment charged that, in pursuance of the conspiracy, they falsely affirmed that the defendant Warren’s name was William Lane; that he lived at Gloucester, and carried on the business of making shoes; that, through disappointment, he had not b} him the number of shoes he then wanted for a shipment to the Havanna, and was desirous of purchasing on- his own credit a quantity from Putnam; that Putnam, trusting to their false and fraudulent…
1Opinion of the CourtParsons, C. J.
The- gist of the offence is the conspiracy to cheat Putnam, of his shoes, and the defendants might lawfully have been convicted, if the jury were satisfied, on legal evidence, that they were guilty of the confederacy charged, although no act done in pursuance of it had been proved. (1)
But Warren’s intent to defraud Putnam is not denied, and the question is, whether the jury could lawfully infer that Johnson was an associate and confederate in the same fraudulent design. — He went with Warren; he was with him in the shop- when he received the shoes, and when he gave the fictitious securities.…
2Cases cited1 opinion
- Commonwealth v. JuddMassachusetts Supreme Judicial Court · 1807
3Cited by13 opinions
- Commonwealth v. BartilsonSupreme Court of Pennsylvania · 1877
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- State v. GrantSupreme Court of Iowa · 1892
- Commonwealth v. HuntMassachusetts Supreme Judicial Court · 1842
- Pueblo v. DíazSupreme Court of Puerto Rico · 1915
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