Commonwealth v. Richardson
Massachusetts Supreme Judicial Court
Indictment,1 in two counts, charging the defendant in the first count with breaking and entering the shop of one Andrews in the night time, with intent to commit larceny; and in the second count with receiving stolen property, and also with being an habitual criminal, — two convictions, sentences, and commitments to the State prison of this Commonwealth for terms of not less than three years each being set forth in the indictment.
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Indictment,1 in two counts, charging the defendant in the first count with breaking and entering the shop of one Andrews in the night time, with intent to commit larceny; and in the second count with receiving stolen property, and also with being an habitual criminal, — two convictions, sentences, and commitments to the State prison of this Commonwealth for terms of not less than three years each being set forth in the indictment. In the Superior Court, before the jury were empanel-led, the defendant filed a motion to quash the indictment. Blodgett, J„ overruled the motion; and the defendant…
1Opinion of the CourtBarker, J.
The defendant’s bill of exceptions states no evidence, while the requests for rulings, which he now contends in his brief should have been given, relate to the duty of the jury upon all the evidence. Because no evidence is stated, this exception is overruled. His exception to the order overruling his motion to quash the indictment raises the question of its sufficiency, and of the construction of St. 1887, c. 435, he having been convicted and sentenced as an habitual criminal under that act.
*203The first section of the statute is as follows: “ Whoever has been twice convicted of crime, sentenced…
2Cases cited5 opinions
- Ballard v. CapertonCourt of Appeals of Kentucky · 1859
- Yancy v. SmithCourt of Appeals of Kentucky · 1859
- Commonwealth v. HughesMassachusetts Supreme Judicial Court · 1882
- Nunnally v. White's executorsCourt of Appeals of Kentucky · 1861
- Earle v. CouchCourt of Appeals of Kentucky · 1861
3Cited by13 opinions
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- State v. RoweSupreme Court of New Jersey · 1935
- Commonwealth v. SuttonSuperior Court of Pennsylvania · 1936
- Groseclose v. PlummerCourt of Appeals for the Ninth Circuit · 1939
- Commonwealth v. FortierMassachusetts Supreme Judicial Court · 1927
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