109 Mass. 342
Massachusetts Supreme Judicial Court
Decided March 15, 1872
Massachusetts Supreme Judicial Court · decided 1872-03-15
<p>An acquittal upon one indictment for receiving stolen goods is no bar to the prosecution of the same defendant upon another, without further proof of the identity of the offences than that the goods described in the second indictment are such that the averments of the first indictment might describe them.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1872-03-15
Cited by 5 later decisions — most recently November 1971
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1An acquittal of the charge of larceny of certain goods is not a bar to an indictment for the larceny of certain other goods, although the last mentioned goods are of such a character that the language of the first indictment might describe them. Therefore the refusal to adopt the defendant’s request for instructions, and the instructions given, were right.
¶2 Exceptions overruled.