Legal Opinion

Commonwealth v. Shedd

Massachusetts Supreme Judicial Court

Decided January 7, 1886PublishedCited by 23 opinions

Indictment, on the Pub. Sts. c. 210, § 8, alleging that the defendant, on July 28, 1884, at Malden, “ a certain building, to wit, the dwelling-house of one Sylvester K. Abbott, there situate, in the night-time of said day, feloniously did attempt to break and enter, with intent the goods and chattels in said building, then and there being found, then and there feloniously to steal, take, and carry away, and in such attempt did then and there break and open three windows in…

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Indictment, on the Pub. Sts. c. 210, § 8, alleging that the defendant, on July 28, 1884, at Malden, “ a certain building, to wit, the dwelling-house of one Sylvester K. Abbott, there situate, in the night-time of said day, feloniously did attempt to break and enter, with intent the goods and chattels in said building, then and there being found, then and there feloniously to steal, take, and carry away, and in such attempt did then and there break and open three windows in said dwelling-house; ” but that the defendant “ was then and there intercepted and prevented in the execution of said…

1Opinion of the CourtW. Allen, J.

The defendant was indicted, on the Pub. Sts. o. 210, § 8, for an attempt to commit burglary.

The indictment alleges that the defendant, a dwelling-house described, in the night-time, “ feloniously did attempt to break and enter, with intent the goods and chattels in said building, then and there being found, then and there feloniously to steal, take, and carry away, and in such attempt ” did certain acts, but “ was then and there intercepted and prevented in the execution of said offence.” The indictment is sufficient. Commonwealth v. Flynn, 3 Cush. 529. Commonwealth v. McLaughlin, 105 Mass.…

2Cases cited1 opinion

  1. Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 1870

3Cited by23 opinions

  1. Commonwealth v. PeasleeMassachusetts Supreme Judicial Court · 1901
  2. Commonwealth v. LewisMassachusetts Supreme Judicial Court · 1963
  3. State v. . AllenSupreme Court of North Carolina · 1923
  4. Commonwealth v. RonchettiMassachusetts Supreme Judicial Court · 1955
  5. Cady v. United StatesCourt of Appeals for the D.C. Circuit · 1923

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