Commonwealth v. Strupney
Massachusetts Supreme Judicial Court
Indictment for breaking and entering the dwelling-house of John A. Lowell in the night time, with intent to steal, and stealing therefrom a silver plated pitcher of the value of six dollars.
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Indictment for breaking and entering the dwelling-house of John A. Lowell in the night time, with intent to steal, and stealing therefrom a silver plated pitcher of the value of six dollars. Trial in the superior court in Suffolk, before Putnam, J., who allowed the following bill of exceptions : “ The evidence of the government tended to show that the alleged breaking and entering was effected by raising the lower sash of a window, and that the pitcher was taken from the dining-room, out of said window. “ A domestic of Lowell testified that in the evening of the day on which the pitcher was…
1Opinion of the CourtAmes, J.
An entrance into a dwelling-house, through a window or door that was left partly open, is not the forcible breaking and entering necessary to constitute the crime of burglary. It should appear “ that the house was secured in the ordinary way, so that by the carelessness of the owner, in leaving the door or window open, the party accused of burglary be not tempted to enter.” Commonwealth v. Stephenson, 8 Pick. 354. In Commonwealth v. Steward, 7 Dane Ab. 136, it was held in 1789, that ,f if a window be a little pushed up ” it is not a breaking to obtain entrance by lifting it. higher. See also…
2Cited by11 opinions
- Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
- Commonwealth v. RonchettiMassachusetts Supreme Judicial Court · 1955
- Commonwealth v. TilleyMassachusetts Supreme Judicial Court · 1940
- State v. ThibeaultSupreme Judicial Court of Maine · 1979
- Commonwealth v. TilleyMassachusetts Supreme Judicial Court · 1969
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