Commonwealth v. Sitko
Massachusetts Supreme Judicial Court
1Opinion of the CourtWilkins, J.
The defendant appeals from his conviction as an accessory to the crime of breaking and entering a building in the daytime with the intent to commit larceny.
The defendant argues three major issues. (1) The original indictment alleged that an unknown person (John Doe) “did break and enter in the night time.” On motion of tjhe Commonwealth, the indictment was amended to refer to daytime instead of nighttime. The defendant challenges the allowance of the Commonwealth’s motion to amend the indictment, claiming that the judge had no authority to allow such a motion, and that, even if he did, the…
2Cases cited20 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1936
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1970
- Fine v. CommonwealthMassachusetts Supreme Judicial Court · 1942
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3Cited by47 opinions
- Commonwealth v. ColemanMassachusetts Supreme Judicial Court · 1984
- Aldoupolis v. CommonwealthMassachusetts Supreme Judicial Court · 1982
- Osborne v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. LayneMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. HyattMassachusetts Supreme Judicial Court · 1995
42 more not listed; retrieve them via the Exa API.