Commonwealth v. M'Monagle
Massachusetts Supreme Judicial Court
This indictment charged that the defendant broke and entered the store of J. P., with an intent to steal, and that he stole therefrom divers goods, &c., against the statute, &c. Plea, not guilty Verdict, guilty.
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This indictment charged that the defendant broke and entered the store of J. P., with an intent to steal, and that he stole therefrom divers goods, &c., against the statute, &c. Plea, not guilty Verdict, guilty. By the statute of March 15, 1785, sect. 8, (stat. 1784, c. 66,) it is enacted, “ that if any person shall break up any dwelling-house, in the day time, with an intent to steal, or commit any felony, or break up any warehouse, shop, mill, malt-house, barn, stable, out house, or any public building, or other building whatsoever, or any ship, or other vessel, being within the body of the…
1Opinion of the Court
Sedgwick and Thacher,
justices, were of opinion, that as the word “ store ” is not used in the statute, and as it is not averred in the indictment, that the store broken was a building, judgment could not be rendered upon that clause in the statute, which describes, and provides for the punishment of, the offence of breaking, &c.
Sewall, J.,
doubted whether it was necessary to aver it; be *386cause the word “store” has in this state a settled, known meaning, and is not used otherwise than as'and for the name of a building ; but as there were some doubts in his mind on the subject, he concurred with…
2Cited by5 opinions
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- Jennings v. CommonwealthMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. MoriartyMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. TuckMassachusetts Supreme Judicial Court · 1838