Massachusetts General Laws

Mass. Gen. Laws ch. 277, § 41 (2026)

Indictment for criminal dealing with personal property

✓ current as of July 2026

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Section 41. In an indictment for criminal dealing with personal property with intent to steal, an allegation that the defendant stole said property shall be sufficient; and such indictment may be supported by proof that the defendant committed larceny of the property, or embezzled it, or obtained it by false pretences.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1928–2025 · leading case: Commonwealth v. Kenneally, 406 N.E.2d 714 (Mass. App. Ct. 1980).

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Commonwealth v. Kenneally, 406 N.E.2d 714 (Mass. App. Ct. 1980). · cites it 2× “The evidence permitted a finding that they purchased the annuities and that their mother made gifts to *172 them of the amounts of the premiums when she wrote the check to Yankee on their behalf.”

Commonwealth v. Iannello, 184 N.E.2d 364 (Mass. 1962). “” The gist of the defendants ’ contention as to assignment 3 is that the sufficiency of the indictment may be measured by the particulars which purport to state the nature of the crime and the manner and means of its commission and that, thus measured, the crime of larceny by…”

Commonwealth v. Nadal-Ginard, 674 N.E.2d 645 (Mass. App. Ct. 1997). “It was, rather, addressed to the supposed failure of the indictments and the Commonwealth’s bills of particulars specifically to include the words “larceny by false pretenses.”

Commonwealth v. Cheromcka, 850 N.E.2d 1088 (Mass. App. Ct. 2006). “To require the Commonwealth to elect [a specific theory] in such a case would be to continue to afford an opportunity to frustrate the ends of justice .”

Commonwealth v. Hare, 280 N.E.2d 138 (Mass. 1972). “prescribed by G. L. c. 277, § 41, and ... § 79. The purpose .”

Commonwealth v. Mills, 745 N.E.2d 981 (Mass. App. Ct. 2001). “” Further, G. L. c. 277, § 41, provides: “In an indictment for criminal dealing with personal property with intent to steal, an allegation that the defendant stole said property shall be sufficient; and such indictment may be supported by proof that the defendant committed…”

Commonwealth v. Steinberg, 265 Mass. 45 (Mass. 1928). “” G. L. c. 277, § 41. The evidence tending to show that the defendant obtained the pin by false pretences and appropriated it to his own use was sufficient to show that, with fraudulent intent, he criminally converted the property of Lansky.”

Samir Baptista v. Pamela Bondi (4th Cir. 2025). “” Mass. Gen. Laws ch. 277, § 41 . 2. Baptista seizes on the comment in Mills that “steal” is now a “term of art” that includes “larceny, embezzlement or obtaining by false pretences.”

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