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120 Mass. 198

Commonwealth v. Cohen

Massachusetts Supreme Judicial Court · decided 1876-04-06

Indictment in three counts. The last count was as follows: “ And the jurors aforesaid, for the Commonwealth of Massachusetts, on their oath, aforesaid, do further present, that Lawrence Murphy and James Hyde, otherwise called Frank Hyde, of Boston, aforesaid, on the fifth day of May, in the year of our Lord one thousand eight hundred and seventy-five, at Boston, aforesaid, with force and arms, two thousand pairs of stockings, each pair of the value of one dollar, of the…

Good law ✅— No negative treatment on recordhow we know

Decided 1876-04-06

How this case has been cited

Cited by 8 later decisions — most recently February 1929

8 state decisions

40187618801890190019101920decided

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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Gray, C. J.

¶1This indictment is against the receiver only, and, though assumed on some parts of the record, and in the briefs of counsel, to contain six counts, really contains only three, each consisting of an allegation of the larceny, followed by a charge against the defendant as receiver of the goods alleged to have been stolen, and which clearly describes those goods by reference to the preceding allegation. The form is usual and sufficient. Stark. Crim. Pl. (2d ed.) 169, 170, 479. D. Davis’s Justice, 451, 452. Davis’s Prec. 37. Commonwealth v. King, 9 Cush. 284, 287. Commonwealth v. Glover, 111 Mass *201395. The validity of the last count is not affected by the nolle prosequi entered upon the other counts against the defendant, The motions to quash, and in arrest of judgment, for insufficiency in the indictment, were rightly overruled.

¶2Exceptions overruled.

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