Commonwealth v. Krasner

An indictment (see G. L. c. 266, § 49) charged that Krasner on January 15, 1970, at Cambridge, “did make an implement, to wit: a battering ram, adapted and designed for breaking open a room, and that such implement was used to break into the room of the President’s office of Massachusetts Institute of Technology, to commit the crime of trespass knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.” A Superior Court judge dismissed the indictment *728on the ground that it “does not set out a…