Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant, on April 14,1872, at Braintree, certain bank notes “ of the property, goods and moneys of James Gilbride, in a certain building there situate, to wit, the dwelling-house of one Patrick McGuire, and then and there in the possession of the said James Gilbride, being found, feloniously did steal, take and carry away.”
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Indictment alleging that the defendant, on April 14,1872, at Braintree, certain bank notes “ of the property, goods and moneys of James Gilbride, in a certain building there situate, to wit, the dwelling-house of one Patrick McGuire, and then and there in the possession of the said James Gilbride, being found, feloniously did steal, take and carry away.” At the trial in the Superior Court in Norfolk, before Putnam, J., the Commonwealth introduced evidence tending to show that the defendant and James Gilbride lodged together in the same room of McGuire’s house; that Gilbride went to the room…
1Opinion of the CourtGray, J.
The indictment duly charges larceny in a building. The allegation that the defendant stole property in the dwelling-house described necessarily includes a statement that the act of stealing was done in the building. And the whole charge was supported by the proof. In order to constitute larceny in a dwelling-house or other building, the property stolen must indeed be under the protection of the house, and not under the eye or personal care of some one who happens to be in the house. The King v. Owen, 2 Leach, (4th ed.) 572. Commonwealth v. Hartnett, 3 Gray, 450, 452. But money of a lodger in…
2Cited by6 opinions
- People v. McElroyCalifornia Supreme Court · 1897
- McDermott v. W. T. Grant Co.Massachusetts Supreme Judicial Court · 1943
- Commonwealth v. LesterMassachusetts Supreme Judicial Court · 1880
- Neubrandt v. StateWisconsin Supreme Court · 1881
- State v. PattersonSupreme Court of Missouri · 1889
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