Joan v. Commonwealth

Massachusetts Supreme Judicial Court

Joan v. Commonwealth

136 Mass. 162, 1883 Mass. LEXIS 195

CourtMassachusetts Supreme Judicial Court

DecidedNovember 28, 1883

StatusPublished

Cited by3 cases

This text of 136 Mass. 162 (Joan v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joan v. Commonwealth, 136 Mass. 162, 1883 Mass. LEXIS 195 (Mass. 1883).

Pincite

Opinion

By the Court.

The assignments of error aver that the building which the plaintiff in error was convicted of burning was not a dwelling-house, as alleged in the indictment, and that [164]*164it was not the property of the person alleged in the indictment to be the owner. Both of these facts were put in issue and were tried in the Superior Court. The plaintiff in error cannot retry them upon a writ of error. No error in the judgment is shown, and the evidence offered was properly rejected.

Exceptions overruled.

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By the Court.

The assignments of error aver that the building which the plaintiff in error was convicted of burning was not a dwelling-house, as alleged in the indictment, and that [164]*164it was not the property of the person alleged in the indictment to be the owner. Both of these facts were put in issue and were tried in the Superior Court. The plaintiff in error cannot retry them upon a writ of error. No error in the judgment is shown, and the evidence offered was properly rejected.

Exceptions overruled.

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Bluebook (online)

136 Mass. 162, 1883 Mass. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joan-v-commonwealth-mass-1883.

Opinion

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