Legal Opinion

Commonwealth v. Crowley

Massachusetts Supreme Judicial Court

Decided January 12, 1897PublishedCited by 6 opinions

Indictment, under Pub. Sts. c. 202, § 26, against William Casey, David Crowley, and William Green, alleging that they, on August 12, 1896, at Boston, “ with force and arms, with intent to commit larceny, in and upon one Charles Lord, an assault did make, and him the said Lord in a certain building, to wit, the shop of one Virgilius H. Grover there situate, feloniously and unlawfully did then and there confine, beat, bruise, wound, and put in fear, for the purpose then and…

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Indictment, under Pub. Sts. c. 202, § 26, against William Casey, David Crowley, and William Green, alleging that they, on August 12, 1896, at Boston, “ with force and arms, with intent to commit larceny, in and upon one Charles Lord, an assault did make, and him the said Lord in a certain building, to wit, the shop of one Virgilius H. Grover there situate, feloniously and unlawfully did then and there confine, beat, bruise, wound, and put in fear, for the purpose then and there of feloniously stealing, taking, and carrying away from said building the moneys, goods, and chattels in…

1Opinion of the CourtAllen, J.

1. The motion to quash was rightly overruled. The indictment contains a valid charge of assault and battery. As an indictment under Pub. Sts. c. 202, § 26, it need not aver the ownership of the goods intended to be stolen; see Commonwealth v. Moore, 130 Mass. 45 ; and in other respects an indictment substantially similar, though open to criticism, was held sufficient, in Commonwealth v. Holmes, 165 Mass. 457.

2. The witness Lord, having testified that the defendant Crowley struck him, there was no valid objection to the questions, *441“ How do you know it was Crowley that struck you ? ” and “ What…

2Cases cited8 opinions

  1. Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
  2. Commonwealth v. HumphriesMassachusetts Supreme Judicial Court · 1810
  3. Commonwealth v. PhillipsMassachusetts Supreme Judicial Court · 1895
  4. Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1881
  5. Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1882

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Commonwealth v. NovickiMassachusetts Supreme Judicial Court · 1949
  2. Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1957
  3. Commonwealth v. GosselinMassachusetts Supreme Judicial Court · 1974
  4. Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1961
  5. Commonwealth v. EatonMassachusetts Appeals Court · 1974

1 more not listed; retrieve them via the Exa API.

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