Joan v. Commonwealth
Massachusetts Supreme Judicial Court
Writ oe error to reverse a judgment rendered for the Commonwealth at January term, 1874, of the Superior Court for the county of Worcester, for the transaction of criminal business, upon an indictment, the second count of which was as follows: “ And the jurors aforesaid, upon their oath aforesaid, do further present that Antonio Joan of Westborough, in said county, on the sixteenth day of June, in the year eighteen hundred and seventy-three, at said Westborough, a certain…
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Writ oe error to reverse a judgment rendered for the Commonwealth at January term, 1874, of the Superior Court for the county of Worcester, for the transaction of criminal business, upon an indictment, the second count of which was as follows: “ And the jurors aforesaid, upon their oath aforesaid, do further present that Antonio Joan of Westborough, in said county, on the sixteenth day of June, in the year eighteen hundred and seventy-three, at said Westborough, a certain dwelling-house, to wit, the dwelling-house of William A. Webb, there situate, feloniously, wilfully, and maliciously did…
1Opinion of the Court
By the Court.
The assignments of error aver that the building which the plaintiff in error was convicted of burning was not a dwelling-house, as alleged in the indictment, and that *164it was not the property of the person alleged in the indictment to be the owner. Both of these facts were put in issue and were tried in the Superior Court. The plaintiff in error cannot retry them upon a writ of error. No error in the judgment is shown, and the evidence offered was properly rejected.
Exceptions overruled.
2Cited by3 opinions
- Blankenburg v. CommonwealthMassachusetts Supreme Judicial Court · 1927
- MacEachern v. S. S. White Dental Manufacturing Co.Massachusetts Supreme Judicial Court · 1939
- Raymond v. ButterworthMassachusetts Supreme Judicial Court · 1885