Commonwealth v. Duffy

Massachusetts Supreme Judicial Court

Commonwealth v. Duffy

65 Mass. 145

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1853

StatusPublished

This text of 65 Mass. 145 (Commonwealth v. Duffy) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Duffy, 65 Mass. 145 (Mass. 1853).

Pincite

Opinion

Dewey, J.

This case must be governed by the principles settled in the case of Commonwealth v. Sawtelle, ante, 143, decided at the present term. The additional fact, that upon an indictment alleging the value of the goods to be $367, the jury found the defendant guilty of stealing $317 only, does not vary the case. It is like the case of an allegation of a larceny of ten bank bills, and a verdict of guilty as to nine of the bills. The jury having by their verdict found the value of the bills stolen, obviates the difficulty that might otherwise have arisen.

Motion in arrest of judgment overruled,.

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Dewey, J.

This case must be governed by the principles settled in the case of Commonwealth v. Sawtelle, ante, 143, decided at the present term. The additional fact, that upon an indictment alleging the value of the goods to be $367, the jury found the defendant guilty of stealing $317 only, does not vary the case. It is like the case of an allegation of a larceny of ten bank bills, and a verdict of guilty as to nine of the bills. The jury having by their verdict found the value of the bills stolen, obviates the difficulty that might otherwise have arisen.

Motion in arrest of judgment overruled,.

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Bluebook (online)

65 Mass. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-duffy-mass-1853.