Commonwealth v. Reynolds
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant on June 9, 1876, at Brookline “ with force and arms, a certain building there situ ate, to wit, the dwelling-house of one Ignatius Sargent, did break and enter, with intent to commit the crime of larceny therein, against the peace of the said Commonwealth, and contrary to the form of the statute in such case made and provided.”
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Indictment alleging that the defendant on June 9, 1876, at Brookline “ with force and arms, a certain building there situ ate, to wit, the dwelling-house of one Ignatius Sargent, did break and enter, with intent to commit the crime of larceny therein, against the peace of the said Commonwealth, and contrary to the form of the statute in such case made and provided.” At the trial in the Superior Court, before Putnam, J., the government called two witnesses who testified to a breaking and entering of the house described upon the day named; they were then asked to state at what time the entry…
1Opinion of the CourtEndicott, J.
It is provided in the Gen. Sts. c. 161, § 12, that whoever breaks and enters a building in the night-time with intent to commit the crime of larceny shall be punished by imprisonment in the state prison not exceeding twenty years ; and in § 14, that breaking and entering with like intent in the daytime shall be punished by imprisonment in the state prison not exceeding five years, or by fine and imprisonment in jail. These two sections impose different punishments, for distinct species of the same general crime, according as the offence is committed in the daytime or the night. The breaking…
2Cases cited2 opinions
- Barnett's Adm'r v. Barnett's Adm'rCourt of Appeals of Kentucky · 1858
- Revill v. PettitCourt of Appeals of Kentucky · 1860
3Cited by22 opinions
- Commonwealth v. SitkoMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
- State v. WithamSupreme Judicial Court of Maine · 1881
- Commonwealth v. LovettMassachusetts Supreme Judicial Court · 1978
- State v. LongstrethNorth Dakota Supreme Court · 1909
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