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65 Mass. 145

Commonwealth v. Duffy

Massachusetts Supreme Judicial Court · decided 1853-03-15

The defendant was indicted for larceny in a shop, of “ sundry bank bills, current as money in this commonwealth, then due and unpaid, and of the aggregate value of $367; but a more particular description of which the jurors cannot give as they have no means of knowing,” &c. Being found guilty in the municipal court of Boston, of “ stealing sundry bank bills of the value of $317, and not guilty as to the residue,” he moved in arrest of judgment, for the same cause as set…

Decided 1853-03-15

Dewey, J.

¶1This case must be governed by the principles settled in the case of Commonwealth v. Sawtelle, ante, 143, decided at the present term. The additional fact, that upon an indictment alleging the value of the goods to be $367, the jury found the defendant guilty of stealing $317 only, does not vary the case. It is like the case of an allegation of a larceny of ten bank bills, and a verdict of guilty as to nine of the bills. The jury having by their verdict found the value of the bills stolen, obviates the difficulty that might otherwise have arisen.

¶2Motion in arrest of judgment overruled,.

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