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Commonwealth v. O'Brien

Citations

  • 305 Mass. 393
  • 26 N.E.2d 235
  • 1940 Mass. LEXIS 820

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defendant’s access to vault shared by others not enough to show he took missing money
  • “When the evidence tends equally to sustain either of two inconsistent propositions, neither of them can be said to have been established by legitimate proof”
  • “When the evidence tends equally to sustain either of two inconsistent propositions, neither of them can be said to have been established by legitimate proof”
  • “if, upon all the evidence, the question of the guilt of the defendant is left to conjecture or surmise and has no solid foundation in established facts, a verdict of guilty cannot stand”
  • “[I]f, upon all the evidence, the question of the guilt of the defendant is left to conjecture or surmise and has no solid foundation in established facts, a verdict of guilty cannot stand”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cox

Read full opinion on CourtListener

Cited by

90 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.