Commonwealth v. Leonard

Massachusetts Supreme Judicial Court

Commonwealth v. Leonard

77 Mass. 458

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1858

StatusPublished

This text of 77 Mass. 458 (Commonwealth v. Leonard) 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. Leonard, 77 Mass. 458 (Mass. 1858).

Pincite

Opinion

Metcalf, J.

This case falls under the established rule of evidence in criminal cases, that it is not necessary to prove the offence, charged in a complaint or indictment, to the whole extent laid ; but that it is sufficient for the prosecutor to prove so much of the charge as constitutes a substantive offence therein specified. 2 Russell on Crimes, (7th Amer. ed.) 789,790. [459]*459This rule has repeatedly been recognized in this commonwealth. Commonwealth v. Livermore, 4 Gray, 19. Commonwealth v. Burns, 9 Gray, 287. Commonwealth v. Armstrong, 7 Gray, 50.

Exceptions overruled.

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Metcalf, J.

This case falls under the established rule of evidence in criminal cases, that it is not necessary to prove the offence, charged in a complaint or indictment, to the whole extent laid ; but that it is sufficient for the prosecutor to prove so much of the charge as constitutes a substantive offence therein specified. 2 Russell on Crimes, (7th Amer. ed.) 789,790. [459]*459This rule has repeatedly been recognized in this commonwealth. Commonwealth v. Livermore, 4 Gray, 19. Commonwealth v. Burns, 9 Gray, 287. Commonwealth v. Armstrong, 7 Gray, 50.

Exceptions overruled.

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Bluebook (online)

77 Mass. 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-leonard-mass-1858.