Commonwealth v. Walker
Massachusetts Supreme Judicial Court
Indictment, in two counts, charging the defendant, in the first count, with breaking and entering the dwelling-house of Edward S. Tead in the night-time, with intent to commit larceny, and with being an habitual criminal, four convictions, sentences, and committals to the state prison of this Commonwealth for terms of not less than three years each being set forth in the indictment; and in the second count, with attempting to break and enter in the night-time said…
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Indictment, in two counts, charging the defendant, in the first count, with breaking and entering the dwelling-house of Edward S. Tead in the night-time, with intent to commit larceny, and with being an habitual criminal, four convictions, sentences, and committals to the state prison of this Commonwealth for terms of not less than three years each being set forth in the indictment; and in the second count, with attempting to break and enter in the night-time said dwelling-house with like intent, and with being an habitual criminal, the four convictions, sentences, and committals aforesaid…
1Opinion of the CourtKnowlton, J.
1. The first motion to quash, on the ground that the indictment should not contain allegations of former convictions and sentences of the defendant with a view to proving that he was an habitual criminal was rightly overruled. *228Such allegations in an indictment under St. 1887, c. 435, § 1, are not only proper, but necessary. All the questions involved in this objection to the indictment have heretofore been decided against the defendant. Tuttle v. Commonwealth, 2 Gray, 505. Commonwealth v. Harrington, 130 Mass. 35. Commonwealth v. Graves, 155 Mass. 163. Sturtevant v. Commonwealth, 158 Mass.…
2Cases cited6 opinions
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880
- Sturtevant v. CommonwealthMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. GravesMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. GloverMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- State v. WaterhouseOregon Supreme Court · 1957
- Commonwealth v. CodyMassachusetts Supreme Judicial Court · 1896
- Walsh v. CommonwealthMassachusetts Supreme Judicial Court · 1916
3 more not listed; retrieve them via the Exa API.