Commonwealth v. Conlin
Massachusetts Supreme Judicial Court
Indictment, found and returned in tbe Superior Court for the county of Suffolk on November 12, 1904, alleging that the defendants, Edward Conlin and Frank Nelson, on October 21, 1904, at Boston “ did knowingly have in their possession certain engines, machines, tools and implements adapted and designed for cutting through, forcing and breaking open buildings, rooms, vaults, safes and other depositories, in order to steal therefrom such money and other property as might be…
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Indictment, found and returned in tbe Superior Court for the county of Suffolk on November 12, 1904, alleging that the defendants, Edward Conlin and Frank Nelson, on October 21, 1904, at Boston “ did knowingly have in their possession certain engines, machines, tools and implements adapted and designed for cutting through, forcing and breaking open buildings, rooms, vaults, safes and other depositories, in order to steal therefrom such money and other property as might be found therein, the said Conlin and Nelson knowing said engines, machines, tools and implements to be adapted and designed…
1Opinion of the CourtLathrop, J.
The statute under which the defendants were indicted, R. L. c. 208, § 41, had its origin in the St. of 1853, c. 194, and has been in force ever since. Gen. Sts. c. 161, § 34. Pub. Sts. c. 203, § 36. Since it was enacted but two cases under it have been before this court, Commonwealth v. Tivnon, 8 Gray, 375, and Commonwealth v. Day, 138 Mass. 186. The first ease decided, among other points, that the offence could be committed in concert by two or more persons ; that it was not necessary to prove-either that the defendants were possessed of all the implements described, or that all of them were…
2Cases cited1 opinion
- Commonwealth v. DayMassachusetts Supreme Judicial Court · 1884
3Cited by10 opinions
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. AndersonMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. TilleyMassachusetts Supreme Judicial Court · 1940
- State v. . VickSupreme Court of North Carolina · 1938
- Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
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