Commonwealth v. Graves
Massachusetts Supreme Judicial Court
Indictment for abortion, and also charging the defendant with being an habitual criminal under the St. of 1887, c. 435, § 1, in that he had been “ twice convicted of crime, sentenced, and committed to prison in this Commonwealth, with terms of imprisonment of not less than three years each, that is to say,” in December, 1879 and 1882, in each instance “ of the crime of breaking and entering a building in the night-time, with intent to commit the crime of larceny therein and…
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Indictment for abortion, and also charging the defendant with being an habitual criminal under the St. of 1887, c. 435, § 1, in that he had been “ twice convicted of crime, sentenced, and committed to prison in this Commonwealth, with terms of imprisonment of not less than three years each, that is to say,” in December, 1879 and 1882, in each instance “ of the crime of breaking and entering a building in the night-time, with intent to commit the crime of larceny therein and stealing therein.” Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as…
1Opinion of the CourtKnowlton, J.
Under the St. of 1887, c. 435, § 1, “ Whoever has been twice convicted of crime, sentenced, and committed to prison, in this or any other State, or once in this and once at least in any other State, for terms of not less than three years each, shall, upon conviction of a felony committed in this State after the passage of this act, be deemed to be an habitual criminal, and shall be punished by imprisonment in the state prison for twenty-five years,” etc.
The defendant contends that this statute can only be applied to cases in which the former convictions on which sentences were imposed were…
2Cases cited2 opinions
- Ballard v. CapertonCourt of Appeals of Kentucky · 1859
- Commonwealth v. HughesMassachusetts Supreme Judicial Court · 1882
3Cited by32 opinions
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- People v. PalmMichigan Supreme Court · 1929
- State v. RoweSupreme Court of New Jersey · 1935
- State v. GuidrySupreme Court of Louisiana · 1929
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