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70 Mass. 416

Eastman v. Commonwealth

Massachusetts Supreme Judicial Court

Decided October 15, 1855

Massachusetts Supreme Judicial Court · decided 1855-10-15

Writ of error to reverse a judgment by which the plaintiff was sentenced to three years’ imprisonment in the state prison, on an indictment charging him with stealing “ one bank bill of the denomination of one hundred dollars, and of the value of one hundred dollars, one gold half eagle of the value of five dollars, and one wallet of the value of fifty cents, of the goods and chattels of one Daniel Carter.” The errors assigned were that the punishment was greater than was…

Decided 1855-10-15

Metcalf, J.

¶1The seventeenth section of c. 126 of the revised statutes, on which the plaintiff in error was indicted, prescribes the punishment of larceny by stealing (among other things) u any bank note ” ; but the indictment charged him with stealing a “bank bill.” We are of opinion that there is no error in this *418for, throughout the revised statutes, the words “bank note” and “bank bill” are used indifferently, and have the same meaning. Eev. Sts. c. 36, §§ 8, 10, 29, 53, 56,57,58, 61; c. 120, § 4 ; c. 127, §§ 4, 5, 8. A bank bill, therefore, is a bank note.

¶2Although bank notes or bills may not, perhaps, be properly termed goods and chattels, in an indictment, yet, in the present case, the words “ of the goods and chattels ” may be rejected as surplusage, and the remaining words in the indictment will constitute a sufficient charge of larceny. So are the English decisions. The King v. Morris, 2 Leach, (3d ed.) 525. Regina v. Radley, 1 Denison, 450. And they conform to our own decisions in analogous cases. Commonwealth v. Simpson, 9 Met. 138. Commonwealth v. Bolkom, 3 Pick. 281. See also Commonwealth v Moseley, 2 Virg. Cas. 154.

¶3Judgment affirmed.

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