Commonwealth v. Segee

106 N.E. 173, 218 Mass. 501, 1914 Mass. LEXIS 1450
CourtMassachusetts Supreme Judicial Court
DecidedSeptember 10, 1914
StatusPublished
Cited by11 cases

This text of 106 N.E. 173 (Commonwealth v. Segee) 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. Segee, 106 N.E. 173, 218 Mass. 501, 1914 Mass. LEXIS 1450 (Mass. 1914).

Opinion

Crosby, J.

The indictment against the defendant was in fifteen counts and charged him with forgery.

At the close of the evidence the district attorney, with the consent of the defendant, nol grossed ten of the counts, and the jury returned a verdict of guilty on each of the other five counts, which charged the defendant under R. L. c. 209, § 1, with forging “a certain public record, to wit, a valuation list of the town of Revere in said county.”

[503]*503The government offered evidence to prove that certain fictitious entries and charges had been made by the defendant in the valuation lists for the years 1911 and 1912 of the town, prepared by the board of assessors, of which board the defendant was the chairman. The government, for the purpose of proving such false entries and alterations, offered in evidence the valuation books for the years 1911 and 1912, which contained the valuations for those years. This evidence was admitted subject to the defendant’s exception, it being his contention that such books were not “public records” within the meaning of R. L. c. 209, § 1, under which the counts in the indictment were drawn.

R. L. c. 35, § 5, provides that “In construing the provisions of this chapter and other statutes, the words ‘public records’ shall, unless a contrary intention clearly appears, mean any written or printed book or paper, any map or plan of the Commonwealth or of any county, city or town which is the property thereof and in or on which any entry has been made or is required to be made by law.”

The law requires assessors of cities and towns to make upon books furnished for that purpose valuations and assessments. St. 1909, c. 490, Part I, §§ 55-64. It is plain that as the entries in such books are “required to be made by law,” the books and their contents are public records within the meaning of R. L. c. 35, § 5. The valuation lists having been delivered to the tax collector without being accompanied by a warrant for the collection of taxes therein assessed, did not render the offense less complete if such lists had been altered by the defendant with intent to defraud.

It follows that the defendant’s requests numbered 5, 6, 7, 8, 9 and 10

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Cite This Page — Counsel Stack

Bluebook (online)
106 N.E. 173, 218 Mass. 501, 1914 Mass. LEXIS 1450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-segee-mass-1914.