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Commonwealth V. O'Malley
''Commonwealth v. O'Malley'', 97 Mass. 584 (1867), was a case decided by the Supreme Court of Massachusetts that overturned a conviction for embezzlement because the evidence supported a case for larceny, even though the defendant had previously been acquitted of larceny. The case illustrates the problem of gaps in similar common law offenses with technical differences, and this problem was later addressed by consolidation of the common law offenses in things like the Model Penal Code The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ....Bonnie, R.J. et al. ''Criminal Law, Second Edition.'' Foundation Press, New York, NY: 2004, p. 271 References U.S. state criminal case law 1867 in United States case law Massachusetts state case law 1867 in Massachusetts Law articles needing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Massachusetts
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Embezzlement
Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type of financial fraud. For example, a lawyer might embezzle funds from the trust accounts of their clients; a financial advisor might embezzle the funds of investors; and a husband or a wife might embezzle funds from a bank account jointly held with the spouse. The term "embezzlement" is often used in informal speech to mean theft of money, usually from an organization or company such as an employer. Embezzlement is usually a premeditated crime, performed methodically, with precautions that conceal the criminal conversion of the property, which occurs without the knowledge or consent of the affected person. Often it involves the trusted individual embezzling only a small proportion of the total of the funds or resources they receive or co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent. Etymology The word "larceny" is a late Middle English word, from the Anglo-Norman word ''larcin'', "theft". Its probable Latin root is ''latrocinium'', a derivative of ''latro'', "robber" (originally mercenary). By nation Australia New South Wales In the st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquitted
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. The chief reporter on the project was Herbert Wechsler, and contributors included Sanford Kadish and numerous other noted criminal law scholars, prosecutors, and defense lawyers.Wechsler (1952)Dubber (2015, pp. 7-10). The ALI performed an examination of the penal system in the U.S. and the prohibitions, sanctions, excuses, and authority used throughout in order to arrive at a cohesive synthesis to the extent possible, and the best rules for the penal system in the United States. Primary responsibility for criminal law lies with the individual states, which over the years led to great inconsistency among the various state penal codes. The MPC was meant to be a comprehensive criminal co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1867 In United States Case Law
Events January–March * January 1 – The Covington–Cincinnati Suspension Bridge opens between Cincinnati, Ohio, and Covington, Kentucky, in the United States, becoming the longest single-span bridge in the world. It was renamed after its designer, John A. Roebling, in 1983. * January 8 – African-American men are granted the right to vote in the District of Columbia. * January 11 – Benito Juárez becomes Mexican president again. * January 30 – Emperor Kōmei of Japan dies suddenly, age 36, leaving his 14-year-old son to succeed as Emperor Meiji. * January 31 – Maronite nationalist leader Youssef Bey Karam leaves Lebanon aboard a French ship for Algeria. * February 3 – ''Shōgun'' Tokugawa Yoshinobu abdicates, and the late Emperor Kōmei's son, Prince Mutsuhito, becomes Emperor Meiji of Japan in a brief ceremony in Kyoto, ending the Late Tokugawa shogunate. * February 7 – West Virginia University is established in Morgantown, West Virginia. * February ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts State Case Law
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1867 In Massachusetts
Events January–March * January 1 – The Covington–Cincinnati Suspension Bridge opens between Cincinnati, Ohio, and Covington, Kentucky, in the United States, becoming the longest single-span bridge in the world. It was renamed after its designer, John A. Roebling, in 1983. * January 8 – African-American men are granted the right to vote in the District of Columbia. * January 11 – Benito Juárez becomes Mexican president again. * January 30 – Emperor Kōmei of Japan dies suddenly, age 36, leaving his 14-year-old son to succeed as Emperor Meiji. * January 31 – Maronite nationalist leader Youssef Bey Karam leaves Lebanon aboard a French ship for Algeria. * February 3 – ''Shōgun'' Tokugawa Yoshinobu abdicates, and the late Emperor Kōmei's son, Prince Mutsuhito, becomes Emperor Meiji of Japan in a brief ceremony in Kyoto, ending the Late Tokugawa shogunate. * February 7 – West Virginia University is established in Morgantown, West Virginia. * Feb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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