Commonwealth v. Curley
Massachusetts Supreme Judicial Court
Indictment, under the Gen. Sts. c. 178, § 46, charging an escape from the house of correction at South Boston. At the trial in the superior court, before Putnam, J., the fol-owing facts appeared: The house of correction was originally provided with a yard properly inclosed, appurtenant to the house.* A few years since, a public street was cut through this yard, 'and fences were built along the line of the street, so as to form two yards, separated by the street.
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Indictment, under the Gen. Sts. c. 178, § 46, charging an escape from the house of correction at South Boston. At the trial in the superior court, before Putnam, J., the fol-owing facts appeared: The house of correction was originally provided with a yard properly inclosed, appurtenant to the house.* A few years since, a public street was cut through this yard, 'and fences were built along the line of the street, so as to form two yards, separated by the street. The defendant, who was under sentence in the house of correction, was taken, on the morning of his escape, from the house into the…
1Opinion of the CourtColt, J.
Under the provisions of the Gen. Sts. c. 178, §§ 6, 7, the whole yard of a house of correction, though divided by a public street, against which it is suitably fenced and protected, must be regarded as adjoining or appurtenant within the terms of the statute. It is not required that the yard shall be immediately connected with the house itself. If it be a place entirely devoted to the purpose, sufficiently secure and suitably protected from all persons without, it is sufficient. The word appurtenant is not used in a technical sense in the statute, for land cannot be appurtenant to land,…
2Cited by4 opinions
- Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980
- State v. BlanSupreme Court of Missouri · 1879
- Gruver-Cooley Jade Corporation v. PerlisCourt of Appeals of Maryland · 1969
- Commonwealth v. GosselinMassachusetts Appeals Court · 1973