10 Mass. 153
Massachusetts Supreme Judicial Court
Decided May 15, 1813
Massachusetts Supreme Judicial Court · decided 1813-05-15
The defendant was indicted for breaking a store in the nighttime, and committing a larceny therein, against the form of the statute, &c. After a conviction, he moved in arrest of judgment, on the ground that there was no statute provision for the [*154] offence * charged in the indictment; and Storer, in support of the motion, cited the case of Commonwealth vs. M’Monagle. (1)
Good law ✅— No negative treatment on recordhow we know
Decided 1813-05-15
Cited by 17 later decisions — most recently June 1943
1 district · 16 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The indictment in the case cited was upon the statute of 1784, c. 66. But the indictment in the case at bar is found upon the statute of 1804, c. 142, § 6, in which the word store is enumerated among other buildings.
¶2The defendant took nothing by his motion.
¶3ADDITIONAL NOTE.
¶4• [See Com vs. Tuck, 20 Pick. 356. — Devoe vs. Com. 3 Mete. 316. — F. H.J