Massachusetts Supreme Judicial Court, 1858

Commonwealth v. Leonard

Commonwealth v. Leonard
Massachusetts Supreme Judicial Court · Decided October 15, 1858 · Metcalf
77 Mass. 458

Commonwealth v. Leonard

Opinion of the Court

Metcalf, J.

This case falls under the established rule of evidence in criminal cases, that it is not necessary to prove the offence, charged in a complaint or indictment, to the whole extent laid ; but that it is sufficient for the prosecutor to prove so much of the charge as constitutes a substantive offence therein specified. 2 Russell on Crimes, (7th Amer. ed.) 789,790. *459This rule has repeatedly been recognized in this commonwealth. Commonwealth v. Livermore, 4 Gray, 19. Commonwealth v. Burns, 9 Gray, 287. Commonwealth v. Armstrong, 7 Gray, 50.

Exceptions overruled.

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