Commonwealth v. Moriarty

Decided October 1, 1883

Massachusetts Supreme Judicial Court · decided 1883-10-01

<p>An indictment, on the Gen. Sts. c. 161, § 12, alleged that the defendant broke and entered, in the night-time, a certain building in S., “ to wit, the office building ” of a corporation named, with intent to commit larceny therein. At the trial there was evidence that the building entered was used for the general office of the corporation, and that there were other buildings in S. owned by the corporation and used for its subordinate offices. Held, that the building entered was sufficiently described in the indictment.</p>

Decided 1883-10-01

By the Court.

¶1The indictment alleges that the defendant broke and entered a certain building situated in Springfield, *541“ to wit, the office building of the Boston and Albany Railroad Company.” This is a sufficient description of the building.

¶2The proof that the building broken was the building used for the general office of the company sustained the allegation of the indictment; it is not important that there were other buildings in Springfield owned by the company and used for its subordinate offices. Exceptions overruled.