Commonwealth v. Lester
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 15, charging the defendant with the larceny of two watches, the property of Thomas S. Davis, in a building also the property of Davis.
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Indictment on the Gen. Sts. c. 161, § 15, charging the defendant with the larceny of two watches, the property of Thomas S. Davis, in a building also the property of Davis. Trial in the Superior Court, before Bacon, J., who allowed a bill of except tions in substance as follows: The government called as a witness Thomas S. Davis, who testified, that on the day in question the defendant came into his shop and asked to look at some watches; that he handed him one open-faced watch, which the defendant looked at, and then asked to see a hunting-case watch; that he took an empty watch-case, and,…
1Opinion of the CourtAmes, J.
In an indictment founded upon the Gen. Sts. c. 161, § 15, for larceny in a building, it is not enough to prove that the property stolen was in a building at the time of the theft, and that the defendant was the thief. It is necessary to show also that the property was under the protection of the building, placed there for safe keeping, and not under the eye or personal care of some one in the building. The watches in this case were a part of the owner’s stock in trade, usually kept by him in the building. But his testimony, which was the only evidence to the point, is to the effect that he…
2Cases cited1 opinion
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1873
3Cited by12 opinions
- State v. ReynerOregon Supreme Court · 1907
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- Commonwealth v. CruzMassachusetts Supreme Judicial Court · 1999
- Commonwealth v. NottMassachusetts Supreme Judicial Court · 1883
- McDermott v. W. T. Grant Co.Massachusetts Supreme Judicial Court · 1943
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