Commonwealth v. Lowrey
Massachusetts Supreme Judicial Court
Indictment in three counts, charging the defendants, Lowrey and Johnson, in the first count, with breaking and entering a building and stealing therein; Lowrey, in the second count, with breaking and entering with intent to commit larceny, Johnson being an accessory before the fact; and Lowrey, in the third count, with stealing, Johnson being accessory before the fact.
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Indictment in three counts, charging the defendants, Lowrey and Johnson, in the first count, with breaking and entering a building and stealing therein; Lowrey, in the second count, with breaking and entering with intent to commit larceny, Johnson being an accessory before the fact; and Lowrey, in the third count, with stealing, Johnson being accessory before the fact. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict of guilty; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
1. The main question for us is whether there was any evidence of a criminal breaking and entering. The jury were warranted in finding that, in pursuance of a preconcerted scheme, the defendant Johnson, making a pretence of a wish to purchase an article, got the night clerk of the Theodore Metcalf Company to let him into the company’s shop at about midnight; that while the night clerk was in the cellar getting the article, Johnson unbolted the door which had been rebolted behind him after his admission, and let in the defendant Lowrey, who concealed himself and remained behind when Johnson…
2Cases cited10 opinions
- Commonwealth v. HaskinsMassachusetts Supreme Judicial Court · 1880
- State v. . RoweSupreme Court of North Carolina · 1887
- Tobin v. PeopleIllinois Supreme Court · 1882
- Hawker v. . the PeopleNew York Court of Appeals · 1878
- Commonwealth v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. HawkinsCourt of Appeals of Maryland · 1992
- Heinze v. StateCourt of Appeals of Maryland · 1945
- Kuck v. StateSupreme Court of Georgia · 1919
- Commonwealth v. BloombergMassachusetts Supreme Judicial Court · 1939
- Com. of Pa. v. KlineSuperior Court of Pennsylvania · 1932
18 more not listed; retrieve them via the Exa API.