Section 39. Whoever steals or for any fraudulent purpose destroys, mutilates or conceals a will, codicil or other testamentary instrument shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not more than two years. An indictment for a violation of this section need not contain any allegation of value or ownership; and in the trial of such an indictment, no disclosure made by any person under section fourteen of chapter one hundred and ninety-one shall be used in evidence against him.
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