Commonwealth v. Bannon
| Court | United States State Supreme Judicial Court of Massachusetts |
| Writing for the Court | BRALEY |
| Citation | 254 Mass. 320,150 N.E. 7 |
| Decision Date | 06 January 1926 |
| Parties | COMMONWEALTH v. BANNON. |
254 Mass. 320
150 N.E. 7
COMMONWEALTH
v.
BANNON.
Supreme Judicial Court of Massachusetts, Bristol.
Jan. 6, 1926.
Exceptions and appeal from Superior Court, Bristol County; Hugo A. Dubuque, Judge.
Edward T. Bannon was convicted of larceny by false pretense and by embezzlement, and he excepts and appeals. Exceptions overruled.
John [254 Mass. 322]H. Backus and Jos. A. Scolponeti, both of Boston, for appellant.
Stanley P. Hall, Dist. Atty., of Taunton, and Edw. T. Murphy, Asst. Dist. Atty., of Fall River, for the Commonwealth.
BRALEY, J.
[1] While the indictment was in three counts, the defendant was tried and convicted only on the first and third counts which respectively charged larceny by a false pretense and by embezzlement. The defendant moved for, and specifications were filed under each count which as to count one stated, that the allegation of larceny rested on the procurement of $3,500 from George B. Schumm by the false statement that the mortgage given as security therefor was a first mortgage. The defendant's evidence tended to show his innocence, but the jury on the testimony for the commonwealth could find on the first count that the defendant obtained from Schumm a loan of $3,500 secured by a mortgage of real property which he represented to Schumm was a first mortgage, when in fact the property was subject of record to three prior mortgages. The fact that the mortgage ran to ‘George B. Schumm, trustee,’ and not to George B. Schumm individually, as stated in the specifications, is not a fatal variance. The [254 Mass. 323]essential elements of the crime were stated, and the defendant was not prejudiced. G. L. c. 277, § 35; Com. v. Soper, 133 Mass. 393.
[2] It could be found further that the lending of the money and the representations were one transaction and not distinct and separate acts. The defendant contends that because G. L. c. 266, § 80, provides that whoever conveys land knowing that an encumbrance exists thereon, without informing the grantee before the consideration is paid of the existence and nature of such incumbrance so far as he has knowledge thereof, shall be subject to punishment by imprisonment or fine, he cannot be convicted of larceny where he obtains money by a false representation that the land conveyed is free from incumbrances.
[150 N.E. 8]
But under G. L. c. 266, § 80, the statute punishes the perpetrator for failing to disclose if known to him the fact that a prior incumbrance on the property transferred exists,...
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Commonwealth v. Snow
...prosecution for the same offense. See Bennett v. United States, 227 U. S. 333, 338, 33 S. Ct. 288, 57 L. Ed. 531;Commonwealth v. Bannon, 254 Mass. 320, 150 N. E. 7;Commonwealth v. Baxter (Mass.) 166 N. E. 742;Bartkus v. United States (C. C. A.) 21 F.(2d) 425, 427;King v. United States (C. C......
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Lawson v. Affirmative Equities Co., L.P., No. CIV.A.02-12172-RGS.
...Credit by pledging the Hotel as collateral) could be found by a trier of fact to constitute a willful deceit. See Commonwealth v. Bannon, 254 Mass. 320, 323, 150 N.E. 7 Promissory and Equitable Estoppel Counts VI and Count VII of the Second Amended Complaint plead promissory and equitable e......
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Commonwealth v. Anthony
...Commonwealth v. King, 202 Mass. 379, 88 N.E. 454;Commonwealth v. Orler, 252 Mass. 55, 59, 60, 63, 147 N.E. 548;Commonwealth v. Bannon, 254 Mass. 320, 323, 150 N.E. 7;Commonwealth v. Coshnear, 289 Mass. 516, 522, 194 N.E. 900, et seq. It is unnecessary to determine whether the evidence would......
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Commonwealth v. Parrotta
...267;Commonwealth v. Soper, 133 Mass. 393;Commonwealth v. Graustein & Co., 209 Mass. 38, 41, 42, 95 N.E. 97;Commonwealth v. Bannon, 254 Mass. 320, 322, 323, 150 N.E. 7. The amendment made no change in any of the essential ingredients in the description of the offence as originally charge......
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Commonwealth v. Snow
...prosecution for the same offense. See Bennett v. United States, 227 U. S. 333, 338, 33 S. Ct. 288, 57 L. Ed. 531;Commonwealth v. Bannon, 254 Mass. 320, 150 N. E. 7;Commonwealth v. Baxter (Mass.) 166 N. E. 742;Bartkus v. United States (C. C. A.) 21 F.(2d) 425, 427;King v. United States (C. C......
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Lawson v. Affirmative Equities Co., L.P., No. CIV.A.02-12172-RGS.
...Credit by pledging the Hotel as collateral) could be found by a trier of fact to constitute a willful deceit. See Commonwealth v. Bannon, 254 Mass. 320, 323, 150 N.E. 7 Promissory and Equitable Estoppel Counts VI and Count VII of the Second Amended Complaint plead promissory and equitable e......
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Commonwealth v. Anthony
...Commonwealth v. King, 202 Mass. 379, 88 N.E. 454;Commonwealth v. Orler, 252 Mass. 55, 59, 60, 63, 147 N.E. 548;Commonwealth v. Bannon, 254 Mass. 320, 323, 150 N.E. 7;Commonwealth v. Coshnear, 289 Mass. 516, 522, 194 N.E. 900, et seq. It is unnecessary to determine whether the evidence would......
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Commonwealth v. Parrotta
...266, 267;Commonwealth v. Soper, 133 Mass. 393;Commonwealth v. Graustein & Co., 209 Mass. 38, 41, 42, 95 N.E. 97;Commonwealth v. Bannon, 254 Mass. 320, 322, 323, 150 N.E. 7. The amendment made no change in any of the essential ingredients in the description of the offence as originally charg......