Com. v. Holmes

• Citation: 43 N.E. 189,165 Mass. 457
• Parties: COMMONWEALTH v. HOLMES et al.
• Decision Date: 09 March 1896
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 457

43 N.E. 189

COMMONWEALTH v. HOLMES et al.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1896

The first and third counts in the indictment were as follows:

"Commonwealth of Massachusetts. Suffolk, to wit: At the superior court begun and holden at the city of Boston, within and for the county of Suffolk, for the transaction of criminal business, on the first Monday of October, in the year of our Lord one thousand eight hundred and ninety-five, the jurors for the commonwealth of Massachusetts, on their oath, present that Benjamin Holmes and Timothy P O'Connor, of Boston, aforesaid, on the third day of September, in the year of our Lord one thousand eight hundred and ninety-five, at Boston, aforesaid, with force and arms, and with intent to commit larceny, to wit, with intent feloniously to steal, take, and carry away the property, moneys, goods, and chattels of one Yee Tarn, then in a certain building, to wit, the dwelling house of the said Yee Tarn, there situate, feloniously and unlawfully in said building, did then confine, injure, beat, bruise wound, and put in fear the said Yee Tarn, who was then and there in said building, by then and there seizing and holding the said Yee Tarn, for the purpose then and there of feloniously stealing, taking, and carrying away from the said building the property, moneys, goods, and chattels of the said Yee Tarn, then in said building being, against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided."

"And the jurors, aforesaid, for the commonwealth of Massachusetts on their oath, aforesaid, do further present that Benjamin Holmes and Timothy P. O'Connor, of Boston, aforesaid, on the third day of September, in the year of our Lord one thousand eight hundred and ninety-five, at Boston, aforesaid, with force and arms, and with the intent to commit larceny, in and upon one Yee Tarn an assault did make, and him, the said Yee Tarn, in a certain building, to wit, the dwelling house of the said Yee Tarn, there situate, feloniously and unlawfully did then and there confine, beat, bruise, wound, and put in fear, for the purpose then and there of feloniously stealing, taking, and carrying away from the said building the moneys, goods, and chattels of the said Yee Tarn in said building then and there being, against the peace of said commonwealth, and contrary to the form of the statute in such case made...