Commonwealth v. Fortune

105 Mass. 592

Opinion

Chapman, C. J.

It is very obvious that several persons may associate themselves together in an attempt to steal from one’s person. In such cases, they are all principals, and may be jointly indicted. 1 Archb. Crbn. Proc. (7th Am. ed.) 315 and notes. Goal-heavers' ease, 1 Leach (4th ed.) 64. Though but one of them thrusts his hand into the pocket, all may be equally guilty; and though the indictment alleges that they all did so, yet proof that one did so is sufficient. The ruling was correct.

Exceptions overruled.