Legal Opinion

Commonwealth v. Kozlowsky

Massachusetts Supreme Judicial Court

Decided May 23, 1921PublishedCited by 61 opinions

Indictment, found and returned on November 5, 1920, charging that the defendant on August 21, 1920, at Cambridge “did attempt to steal one automobile and in such attempt did enter said automobile and endeavor to start it but did fail in the perpetration of said attempted offence, and was intercepted and prevented in the execution of said attempted offence.”

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Indictment, found and returned on November 5, 1920, charging that the defendant on August 21, 1920, at Cambridge “did attempt to steal one automobile and in such attempt did enter said automobile and endeavor to start it but did fail in the perpetration of said attempted offence, and was intercepted and prevented in the execution of said attempted offence.” On November 9, the defendant filed a plea in abatement on the ground “ that, while the grand jury was hearing, inquiring into and examining the matter of the indictment, one Henry F. Hurlburt, Esquire, who had previously questioned this…

1Opinion of the CourtRugg, C. J.

The defendant was tried in the Superior Court upon two indictments. In one it was charged that he conspired with others to steal automobile tires. Since he was acquitted upon that indictment, the numerous exceptions saved in reference to it need not be considered. In the other indictment, it was charged that the defendant “ did attempt to steal one automobile and in such attempt did enter said automobile and endeavor to start it but did fail in the perpetration of said attempted offence, and was intercepted and prevented in the execution of said attempted offence.”

Upon motion by the…

2Cases cited32 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
  3. Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
  4. Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
  5. Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918

27 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
  2. Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
  3. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  4. People v. AlamoNew York Court of Appeals · 1974
  5. Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1975

56 more not listed; retrieve them via the Exa API.

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