Commonwealth v. Stevenson
Citation | 127 Mass. 446 |
Parties | Commonwealth v. James Stevenson |
Decision Date | 08 September 1879 |
Court | United States State Supreme Judicial Court of Massachusetts |
Argued November 26, 1878
Suffolk. Indictment on the Gen. Sts. c. 161, § 54, in two counts.
The first count charged that the defendant on June 8, 1877, at Boston, The count also set forth the lease; negatived the truth of the representations; and concluded in the usual manner.
The second count charged that the defendant, on June 8, 1877, at Boston, "with intent to cheat and defraud, did then and there, unlawfully, knowingly and designedly, falsely pretend and represent to one Eliza D. Mayo that he, said Stevenson, then and there had in his possession a check and order for the payment of money, for a large sum of money, to wit, the sum of thirteen hundred and forty-three dollars; that said check was then and there drawn to the credit of her, said Mayo, by him, said Stevenson; that said Stevenson then intended to immediately pay with the proceeds of said check, for her, said Mayo, certain bills then due, and to be paid from her, said Mayo, to wit" (setting forth the bills); that "said Stevenson then and there asked and requested said Mayo to sign, seal and deliver to him, said Stevenson, among other papers, a certain instrument, to wit, a deed of the tenor following" (setting it forth). And the said Mayo, then and there believing the said false pretences and representations so made as aforesaid by him, the said Stevenson, to be true, and being deceived thereby, was induced, by reason of the false pretences and representations, so made as aforesaid, to sign, seal and deliver, and did then and there sign, seal and deliver, to the said Stevenson, said deed hereinbefore set forth. And the said Stevenson did then and there receive and obtain said signature of the said Mayo to said deed, by means of the false pretences and representations aforesaid, and with intent to cheat and defraud." The indictment then negatived the truth of the representations; and concluded in the usual manner.
In the Superior Court, before the jury were...
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