121 Mass. 369
Massachusetts Supreme Judicial Court
Decided November 29, 1876
Massachusetts Supreme Judicial Court · decided 1876-11-29
<p>An acquittal on an indictment for breaking and entering a dwelling-house and stealing therein the property of A., is no bar to a complaint for stealing in the same dwelling-house at the same time the property of B., without proof that A. and B. are the same persons.</p>
Cited by 1 later decisions — most recently February 1978
1 state decisions
Relies on Commonwealth v. Sullivan
Good law ✅— No negative treatment on recordhow we know
Decided 1876-11-29
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¶1The former acquittal, upon an indictment
¶2for breaking and entering a dwelling-house and stealing therein the property of Joseph Burnett, was no bar to this complaint for stealing in the same dwelling-house at the same time the property of Harry Burnett, without proof that Joseph and Harry were the same person. Commonwealth v. Wade, 17 Pick. 395. Commonwealth v. Clair, 7 Allen, 525. Commonwealth v. Sullivan, 104 Mass. 552. 2 Hale P. C. 246.