Excerpt from A Treatise on Crimes and Misdemeanors, Vol. 2 of 2 In the case Of the Commonwealth v. Trimmer, 1 Mass. Rep. 476, it was decided that a fame-covert is not chargeable for a larceny jointly with her husband. And in the same case, that removing a plank which is loose, and is not fixed to the freehold in a partition wall of a building, is not a breaking within the statute. It appeared also in this case, that the goods stolen were the joint property Of Haley and one Emery, - and that in the indictment th'ey were alleged to be the property Of Haley only, whereupon Sedgwick, J. Said, if the cause proceeded, there must be an acquittal, as a conviction upon this indictment would be no bar to another prosecution. The defendants consenting to an amendment Of the indict ment, the cause proceeded. In the case Of the Commonwealth Brown, 4 Mass. Rep. 580, it was ruled that if one, to whom a wagon load Of goods consisting of several packages, is delivered to be transported from one place to another, fraudulently take away one Of the packages, such taking is felony, And per Parsons, C. J., I am Of Opinion, admitting the defendant to be a common carrier, and thus to have had a lawful custody of the goods, yet all the goods in the wagon were delivered to him as one mass or body, and his taking away one of the packages, was a separating of a part from the whole, and thus was determined the supposed privity of con tract; for the contract with him was not to carry the several packages of which the load was composed, but to carry the load in the state in which it was delivered to him. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.