Commonwealth v. White
Massachusetts Supreme Judicial Court
The defendants were indicted and tried in the court of common pleas, before Wells, C. J., for breaking and entering the office of the Boston and Worcester railroad corporation, to wit, the depot building of said corporation, with intent to commit the crime of larceny therein. The defendants moved to quash the indictment, because it alleged that the office which was broken and entered was a railroad depot, which they contended was not an office.
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The defendants were indicted and tried in the court of common pleas, before Wells, C. J., for breaking and entering the office of the Boston and Worcester railroad corporation, to wit, the depot building of said corporation, with intent to commit the crime of larceny therein. The defendants moved to quash the indictment, because it alleged that the office which was broken and entered was a railroad depot, which they contended was not an office. The presiding judge refused to quash the indictment, but directed the trial to proceed, in order, among other things, to ascertain what the building…
1Opinion of the CourtFletcher, J.
This indictment is founded on the one hundred and twenty-sixth chapter of the revised statutes, which provides, among other things, for the punishment of any person who shall break and enter any office, shop, or warehouse with intent to commit the crime of larceny therein. The defendants are charged in this indictment with breaking and entering the office of the Boston and Worcester railroad corporation, to wit, the depot building of said corporation, with intent' to commit the crime of larceny therein ; and the precise question presented is, whether the depot building is an office within the…
2Cited by2 opinions
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
- Thompson v. KnappMassachusetts Supreme Judicial Court · 1916