Legal Opinion

Commonwealth v. McGorty

Massachusetts Supreme Judicial Court

Decided November 15, 1873PublishedCited by 36 opinions

Indictment under Gen. Sts. c. 161, § 11, against Michael McGorty and Dennis Carney, for burglary. The indictment charged the breaking and entering of the dwelling-house of Margaret Finnegan, and the stealing of certain described property of Margaret Finnegan, and of certain other described property of Abby C. Horgan.

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Indictment under Gen. Sts. c. 161, § 11, against Michael McGorty and Dennis Carney, for burglary. The indictment charged the breaking and entering of the dwelling-house of Margaret Finnegan, and the stealing of certain described property of Margaret Finnegan, and of certain other described property of Abby C. Horgan. At the trial in the Superior Court, before Dewey, J., it appeared that Mrs. Finnegan was the widow of one John Finnegan, who died some two years before the burglary, leaving a will; that at the time of his death he owned the house; that she had occupied it since; that it and the…

1Opinion of the CourtWells, J.

The proof sufficiently supported the allegation of ownership of the dwelling-house, and of the personal property stolen. There was no variance. Gen. Sts. c. 172, § 12.

Possession of the box of cigars, under the circumstances testified to, gave rise to the presumption that Carney was the person who had taken it from the house of Mrs. Finnegan. The inference, then, that he was connected with the burglary and with the larceny of the other articles, taken at or about the same time, was just as natural, obvious, and legitimate as if the box of cigars had been enumerated with the other property in…

2Cited by36 opinions

  1. Wilson v. United StatesSupreme Court of the United States · 1896
  2. Roberson v. StateSupreme Court of Florida · 1898
  3. State v. KingSupreme Court of Kansas · 1922
  4. State v. SearleSupreme Court of Louisiana · 1976
  5. Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961

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