Commonwealth v. Perris
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 161, § 12, for breaking and entering a building in the night time with intent to commit larceny therein. Before the jury were empanelled in the superior court, Pitman, J., overruled motions to quash the indictment for want of an averment of the ownership of the building. The defendants were tried and found guilty, and alleged exceptions. The case is stated in the opinion.
1Opinion of the CourtMorton, J.
The indictment in this case alleges that the defendants “ on the twenty-fifth day of October in the year eighteen hundred and seventy, in the night time of said day, at Grafton in said county, the building known as Warren Block, there situate, did break and enter, with intent the money, goods and chattels, in the same building then and there being, then and there to steal, take and carry away; ” it then alleges a larceny of money, goods and chattels of the First National Bank of Grafton “ in the same building ; ” and it nowhere alleges the ownership of the "uilding.
An indictment must allege…
2Cited by10 opinions
- Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
- Davis v. StateSupreme Court of Florida · 1906
- State v. MishMontana Supreme Court · 1907
- Read v. United StatesDistrict Court, District of Columbia · 1924
- Pells v. StateSupreme Court of Florida · 1884
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