Commonwealth v. Mullen
Massachusetts Supreme Judicial Court
Indictment in six counts. The first and fourth counts charged the defendant Mullen with being an accessory before the fact to distinct breakings and enterings with intent to commit larceny by one Ellis; the second and fifth charged Ellis with distinct larcenies; and the third and sixth charged Mullen and one McGuiggin and one McCormack with receiving the stolen goods.
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Indictment in six counts. The first and fourth counts charged the defendant Mullen with being an accessory before the fact to distinct breakings and enterings with intent to commit larceny by one Ellis; the second and fifth charged Ellis with distinct larcenies; and the third and sixth charged Mullen and one McGuiggin and one McCormack with receiving the stolen goods. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts on their oath present, that Edward Ellis, of Boston aforesaid, on the thirtieth day of September, in the year of our Lord one thousand eight,…
1Opinion of the CourtDevens, J.
1. The defendant Mullen was convicted upon two separate counts of an indictment which charged him with being an accessory before the fact to two distinct burglaries committed by Ellis. In the second of these one Miller had also been a principal, and was separately indicted therefor. The same indictment contained other counts, upon which Mullen was acquitted, charging him with being the receiver of the goods stolen on these several occasions. He moved to quash the indictment, upon the ground that his offence was not set forth in what the court termed the first count, and contended that this…
2Cases cited9 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. GloverMassachusetts Supreme Judicial Court · 1873
- Randall v. ChaseMassachusetts Supreme Judicial Court · 1882
- Pettes v. CommonwealthMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. CainMassachusetts Supreme Judicial Court · 1869
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3Cited by15 opinions
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. BlowMassachusetts Supreme Judicial Court · 1972
- Lebowitch v. CommonwealthMassachusetts Supreme Judicial Court · 1920
- Commonwealth v. IannelloMassachusetts Supreme Judicial Court · 1962
- Commonwealth v. ParrottaMassachusetts Supreme Judicial Court · 1944
10 more not listed; retrieve them via the Exa API.