Sturtevant v. Commonwealth
Massachusetts Supreme Judicial Court
Writ of error, to reverse certain judgments rendered for the Commonwealth. The petition set forth “ that on or about the eighteenth day of October, A. D. 1887, in the Superior Court held at Lawrenee within and for the county of Essex in said Commonwealth, your plaintiff was convicted of the crime of larceny; that on the day aforesaid, in the court aforesaid, he was further adjudged guilty and convicted of having, on the fourth day of January, A. D. 1878, at the Superior…
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Writ of error, to reverse certain judgments rendered for the Commonwealth. The petition set forth “ that on or about the eighteenth day of October, A. D. 1887, in the Superior Court held at Lawrenee within and for the county of Essex in said Commonwealth, your plaintiff was convicted of the crime of larceny; that on the day aforesaid, in the court aforesaid, he was further adjudged guilty and convicted of having, on the fourth day of January, A. D. 1878, at the Superior Court holden at Salem within and for the said county of Essex, been convicted of the crime of breaking and entering a…
1Opinion of the CourtAllen, J.
1. The first assignment of error is that the statute is contrary to Article XXIV. of the Declaration of Rights, whichprohibits ex post facto laws. This objection is disposed of by the recent decision in Commonwealth v. Graves, 155 Mass. 163. *600The date of the larcenies charged in the indictment was after St. 1887, c. 435, went into effect.
2. The second assignment is that the statute is contrary to Article XXVI. of the Declaration of Rights, which is as follows: “ No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual…
2Cases cited5 opinions
- Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. GravesMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
- Beard v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Leonard v. LeonardMassachusetts Supreme Judicial Court · 1890
3Cited by33 opinions
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- Moore v. MissouriSupreme Court of the United States · 1895
- State v. HoustonUtah Supreme Court · 2015
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- State v. RoweSupreme Court of New Jersey · 1935
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