Commonwealth v. Smith
Massachusetts Supreme Judicial Court
This was an indictment against the defendants, charging that they feloniously broke and entered the dwelling-house of John Colby, and feloniously stole therefrom one chest of the value of two dollars, thirty Spanish milled dollars, ten French crowns, and one hundred and sixty dollars in other cash, consisting of quarters, eighths, and sixteenths of a dollar, of the goods and chattels of the said John Colby, &c., against the form of the statute, &c.
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This was an indictment against the defendants, charging that they feloniously broke and entered the dwelling-house of John Colby, and feloniously stole therefrom one chest of the value of two dollars, thirty Spanish milled dollars, ten French crowns, and one hundred and sixty dollars in other cash, consisting of quarters, eighths, and sixteenths of a dollar, of the goods and chattels of the said John Colby, &c., against the form of the statute, &c. The defendants pleaded not guilty. The jury acquitted them of the breaking, &c., and found them guilty of the simple larceny only. Jackson moved…
1Opinion of the Court
The Court
(Sedgwick, Sewall, and Thacher, justices) were of opinion that they could not give judgment for treble damages for any part of the * articles stolen, excepting [ * 247 ] for the chest: the value of which is averred ; that for that they might, and arrest the judgment as to the other articles. But they informed the prisoners that the consequence would be the requiring them to recognize to appear at the next term to answer to a new indictment; whereupon the prisoners consented to have the present indictment amended by inserting the value of the money stolen.
Note.—See 2 Hawk. P. C. c.…
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