Commonwealth v. Krasner
Massachusetts Supreme Judicial Court
1DissentSpalding, J.
(dissenting) The court today remolds a statute, previously used only as a shield for the protection of the public against burglars, into a sword to be used against trespassers. In my view, neither the statutory language nor the legislative history supports this interpretation.
The majority rest their conclusion mainly on the premise that the meaning of the phrase "or to commit any other crime” as used in the statute is “plain” and therefore resort to canons of construction is unnecessary. I disagree. The doctrine of ejusdem generis has been consistently applied by this court in similar…
2Cases cited9 opinions
- People v. ThomasCalifornia Supreme Court · 1945
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- United States v. Boston & Maine RailroadSupreme Court of the United States · 1965
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. PacciaMassachusetts Supreme Judicial Court · 1958
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