Jennings v. Commonwealth
Massachusetts Supreme Judicial Court
Writ oe ERROR to reverse the judgment in a criminal proceeding against the plaintiff in error. Plea, in nullo est erratum.
Read the full summary
Writ oe ERROR to reverse the judgment in a criminal proceeding against the plaintiff in error. Plea, in nullo est erratum. The record showed that an indictment was found and returned into the superior court for Suffolk, for the transaction of criminal business, at February term 1869, charging that the plaintiff in error on July 9, 1866, at Boston in said Suffolk, “ with force and arms, a certain building there situate, to wit, the shop of one George H. Gooding, in the night time of said day, did break and enter, with intent then and therein to commit the crime of larceny,” and certain gold…
1Opinion of the CourtGray, J.
The regularity and sufficiency of the indictment, verdict and sentence in this case are established by authority. An indictment for breaking and entering a building with intent to steal may, and usually does, include, in the same count which alleges the breaking and entering with intent to steal, a charge of an actual stealing in the building. Upon such a count, the jury may return either a general verdict, or a verdict of guilty of the larceny only. If the verdict is general, it is a conviction of the whole compound offence alleged, including both the breaking and entering with felonious…
2Cases cited1 opinion
- Commonwealth v. M'MonagleMassachusetts Supreme Judicial Court · 1805
3Cited by16 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- United States v. BrokawDistrict Court, S.D. Illinois · 1945
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- State v. TalmageSupreme Court of Missouri · 1891
- Halligan v. WayneCourt of Appeals for the Ninth Circuit · 1910
11 more not listed; retrieve them via the Exa API.