upon their oath aforesaid, do say that the said A. B., then and there, in manner and form aforesaid, the aforesaid money, of the property and moneys of the said President, Directors, and Company of the Dedham Bank, feloniously did steal, take, and carry away, in the banking-house aforesaid; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(436) Breaking and entering a stable in the night-time, and committing a larceny therein. Mass. St. 1851, ch. 156, § 1.(b)

That C. D., late of, &c., laborer, on the first day of June in the year of our Lord with force and arms, at B. aforesaid, in the county aforesaid, a certain building, to wit, the stable of one E. F. there situate, in the nighttime of said day, feloniously did break and enter, and one chaise, of the value of one hundred dollars, one saddle, of the value of ten dollars, and one bridle, of the value of five dollars, of the goods and chattels of the said E. F., then and there in the stable aforesaid being found, then and there in the. night-time feloniously did steal, take, and carry away, in the stable aforesaid; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(437) Breaking and entering a shop in the night-time, adjoining to a dwellinghouse, with intent to commit the crime of larceny, and actually stealing therein. Mass. St. 1839, ch. 31.(c)

That Joseph H. Josslyn, late of, etc., on the first day of February in the year of our Lord with force and arms, at Waltham, in the County of Middlesex, the shop of one Charles W. Fogg, there situate, adjoining to a certain dwelling-house, (d) in the night-time did break and enter, with intent the goods and chattels of said Fogg, then and there in said shop being found, feloniously to steal, take, and carry away; (e) and one English gold lever watch, of the value of one hundred dollars, and one gold Lepine watch, of the value of one hundred dollars, nine old silver watches, each of the value of ten dollars, (f) of the goods and chattels of the said Charles W. Fogg, then and there in the shop of said Fogg being found, then and there in the night-time, feloniously did steal, take, and carry away, in the shop aforesaid; against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided.

(438) Entering a dwelling-house in the night-time, without breaking, some persons being therein, and being put in fear. Mass. Rev. Sts. ch. 126, § 12. (g) That C. D., late of, &c., on the first day of June in the year of our Lord with force and arms, at D. in the County of N., the dwelling-house of one A. B. there situate, in the night-time of said day feloniously did enter, without breaking the same, with intent then and therein to commit the crime of larceny; one A. B., and M. his wife, then, to wit, at the time of the com

(b) Th. & H. Prec. 342. (c) Th. & H. Prec. 343. (d) It is not necessary to aver that the shop was or was not "adjoining to a dwelling-house." Larned v. The Commonwealth, 12 Metcalf 240; Devoe v. The Commonwealth, 3 Metcalf 316. See Commonwealth v. Tuck, 20 Pickering 356; Rex v. Marshall, 1 Moody, C. C. 158.

(e) This, say Th. & Heard, is a sufficient averment. The words of the St. 1839, ch. 31, are "with intent to commit the crime of larceny." But it is not necessary to aver the intent in the words of the statute. Josslyn v. The Commonwealth, 6 Metcalf 236. (ƒ) Where an indictment for breaking and entering a building, with intent to steal therein, is correctly framed, an additional charge, that the defendant committed a larceny therein, though defective, and such as would not of itself be a sufficient indictment for larceny, is no cause for reversing a judgment rendered on a general verdict of guilty. Larned v. The Commonwealth, 12 Metcalf 240.

(g) Th. & H. Prec. 345.

mitting of the felony aforesaid, lawfully being in the said dwelling-house, and by the said C. D. were then and there put in fear; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(439) Breaking and entering a dwelling-house in the day-time, the owner being therein, and being put in fear. Mass. Rev. Sts. ch. 126, § 12.(h)

That C. D., late of, etc., on the first day of June in the year of our Lord with force and arms, at D. in the County of N., the dwelling-house of one A. B. there situate, in the day-time feloniously did break and enter, with intent then and therein to commit the crime of larceny; the said A. B., and M. his wife, then, to wit, at the time of the committing of the felony aforesaid, lawfully being in said dwelling-house, and by the said C. D. were then and there put in fear; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(440) Breaking and entering a city hall, and stealing therein in the night-time. Mass. Rev. Sts. ch. 126, § 14.(i)

That John Williams, late of, &c., on the twelfth day of November, in the year of our Lord with force and arms, at Charlestown, in the County of Middlesex aforesaid, the City Hall of the City of Charlestown, in said county, there situate, and erected for public uses, to wit, the transaction of the municipal business of said City of Charlestown, in the night-time of the said day, feloniously did break and enter, and ten pieces of gold coin, current within this commonwealth by the laws and usages thereof, called eagles, of the value of ten dollars each, ten other pieces of gold coin, current within this commonwealth by the laws and usages thereof, called sovereigns, of the value of five dollars each, of the goods and chattels and moneys of the said City of Charlestown, then and there in the City Hall aforesaid, being found, then and there in the night-time, feloniously did steal, take, and carry away, in the City Hall aforesaid, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(441) Stealing in a building that is on fire. Mass. Rev. Sts. ch. 126, § 15.(j) That C. D., late of, &c., on the first day of June, in the year of our Lord at S., in the County of E., with force and arms, one gold watch, of the value of one hundred dollars, one gold ring, of the value of ten dollars, and one gold bracelet, of the value of twenty dollars, of the goods and chattels of one E. F., in a certain building, to wit, the dwelling-house of the said E. F., there situate, then and there being, which said dwelling-house was then and there on fire, and then and there feloniously did steal, take, and carry away, in the dwelling-house aforesaid, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(442) Larceny from the person. Rev. Sts. of Mass. ch. 126, § 16.(k) That C. D., late of L., in the County of M., laborer, on the first day of

(k) Th. & H. Prec. 345.

(i) Th. & H. Prec. 347. In an indictment under this section of the statute, for breaking and entering in any of the buildings therein mentioned, the amount or value of the property stolen is immaterial. And it is a sufficient allegation as to the stealing, if there is a larceny properly and technically charged of any of the goods alleged in the indictment to be stolen; Commonwealth v. Williams, 2 Cushing 582.

() Th. & H. Prec. 348.

(k) Th. & H. Prec. 349. See Commonwealth v. Dimond, 3 Cushing 235; Commonwealth v. Eastman, 2 Gray.

June, in the year of our Lord with force and arms, at L. in the County of M., one gold watch, of the value of one hundred dollars, of the goods and chattels of one E. F., then and there from the person of the said E. F. feloniously did steal, take, and carry away, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(443) Larceny of real property. Mass. St. 1851, ch. 151.()

That J. S., late of C., in the County of M., laborer, on the first day of June, in the year of our Lord with force and arms, at C., in the County of M., fifty pounds weight of lead, each of the value of ten cents, of the property of one A. B., and against the will of the said A. B., then and there being parcel of the realty, to wit, of the dwelling-house of the said A. B., there situate, wilfully and maliciously did rip, cut, and break, and then and there did take and carry away the same, with intent then and there the same feloniously to steal, take, and carry away; whereby and by force of the statute in such case made and provided, the said C. D. is guilty of the crime of simple larceny. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said C. D. then and there, in manner and form aforesaid, the lead aforesaid, of the property of the said A. B., feloniously did steal, take, and carry away, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(444) Larceny and embezzlement of public property, on the statute of the Unit ed States of the 30th April, 1790, s.26.(w)

That A. B., &c., on, &c., at, &c., being a person having the charge and custody of certain arms and other ordnance and munitions of war belonging to the United States, certain arms, to wit, ten muskets, (x) of the value of one hundred dollars, of the property, goods and chattels of the said United States, in the charge and custody of the said A. B., then and there being, wittingly, advisedly and of purpose to hinder and impede the service of the said United States, and for lucre and gain, did embezzle, steal, (y) purloin and convey away, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(445) Against an assistant postmaster for stealing money which came into his hands as assistant postmaster, on the act of 3d March, 1825, s. 21.(~) See Gordon's Digest, art. 3611, p. 704.

That A. M., &c., on, &c., at, &c., he the said A. M. being then and there a person employed in one of the departments of the post-office establishment of the United States of America, to wit, as an assistant of the deputy postmaster of the post-office, legally established and appointed by the postmastergeneral of the United States, within the said town of Granby, feloniously did steal, take and carry away sundry bank notes, amounting together to the sum of two hundred and seventy dollars, and of the value of two hundred and seventy dollars, of the goods, chattels and property of one N. P. and one A.

(1) Th. & H. Prec. 349.

(w) Davis' Prec. 149. Gordon's Digest, art. 3641, p. 714. See post, 460, &c. (x) The same form is to be adopted as to all the other articles and property enumerated in the statute. The word purloin is used in the former part of it, and the word stolen in the latter part for the same purpose.

(y) This section of the statute is drawn in a very incorrect manner.

(*) This indictment is given by Mr. Davis in his Precedents, p. 149, and was drawn by Professor Ashmun of the law school in Cambridge. The case was twice tried without obtaining a verdict. See more fully for this class of cases, post, 1112.

M.; which said bank notes were then and there feloniously taken and stolen as aforesaid by the said A. M. out of a certain letter, which came to the hands and possession of him the said A M. in his said capacity and employ. ment as such assistant postmaster as aforesaid, against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.)

(446) Larceny of a slave in Missouri. (zz)

That J. K., on, &c., at, &c., one negro boy, slave for life, named J., aged about twenty years, did steal, take and carry away, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(447) Same in Alabama. (a)

That defendants did unlawfully and feloniously inveigle, steal, carry and entice away two negro slaves, the property of F. M. B., with a view, then and there, feloniously and unlawfully to convert the said slaves to the use of them the said H. B., J. M'K. and J. alias J. M.(b)

(448) Same in North Carolina. (c)

That J. C. H., &c., on, &c., at, &c., one negro man, slave, by the name of E., then and there being the property of N. D., of the value of fifty dollars, feloniously did steal, take and carry, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(449) Second count. Seducing a slave with intent to sell, under the North Carolina act of 1779.

That the said J. C. H., &c., on, &c., at, &c., one other man slave named E., then and there being the property of, &c., and then and there in the possession of, &c., feloniously by seduction, violence and other means, him the said man E., slave as aforesaid, against the will and consent of her, &c., did take and convey away from the possession of her the said owner, with an intention the slave to sell, dispose of and convert to his own use, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(zz) Kirk v. State, 6 Mo. 471.

(a) State v. Mooney, 8 Ala. 328. Upon this indictment it was held that the words inveigle, entice, steal and carry away in the penal code (Clay's Dig. 419, s. 18), denote offences of precisely the same grade, and may be included in the same count of the indictment; and that upon proving either, the state was entitled to a conviction.

The offence of inveigling or enticing away a slave, is consummated, it was said, when the slave, by promises or persuasions, is induced to quit his master's service, with intent to escape from bondage as a slave, whether the person so operating on the mind and will of the slave, is, or is not present when the determination to escape is manifested by the act of leaving the master's service, or whether he is not sufficiently near to aid in the escape if necessary.

(b) The prisoner demurred to the indictment, and his demurrer being overruled pleaded not guilty.

(c) State v. Haney, 2 Dev. & Bat. 390. "An indictment," it was ruled in this case, “under the act of 1779 (Rev. c. 142), which charges the seduction of a slave to be with an intent to sell, dispose of and to convert to his own use,' is sufficient. For the felony created by the act, is sufficiently described by charging the seduction to be with an intent to sell;' and the words, 'dispose of and appropriate to his own use,' do not extend the intention imputed, beyond that of an intention to sell, and at the worst, are only redundant. And charging the taking to be 'by violence, seduction and other means,' is not repugnant, as both violence and seduction may have been used; but if it were double, it is aided by a verdict finding the taking to be by a seduction only. The words 'other means,' if used alone would be too indefinite; but taken in connection with the other words, 'by violence and seduction,' they are merely superfluous." A count on the act of 1779, for the seduction of a slave, need not charge him to be of any value.

CHAPTER VI.

RECEIVING STOLEN GOODS. (d)

(450) General frame of indictment.

(451) Receiving goods stolen by a slave.

(452) Against receiver of stolen goods. Mass. Rev. st., ch. 126, § 20.
(453) Same in New York.

(454) Same in Pennsylvania.

(455) Against a receiver of embezzled property. Mass. st., 1853, ch. 184. (456) Receiving stolen goods from some unknown person, in Pennsylvania. (457) Same in South Carolina.

(458) Same in Tennessee.

(459) Soliciting a servant to steal, and receiving the stolen goods.

(450) General frame of indictment. (a)

THAT A. B., in the county aforesaid, one silver tankard of the value of two pounds, of the goods and chattels (b) of one J. M., before then felo

(d) For offence generally, see Wh. C. L. as follows :—

A. STATUTES.

United States.

Receiving stolen goods, § 1870.

Massachusetts.

Receiving stolen goods, § 1871.

First conviction of offence in preceding section, § 1872.
Conviction for buying, receiving, &c., stolen goods, § 1873.
Jurisdiction of courts in regard to trial of offence, § 1874.
Not necessary to prove the conviction of thief, § 1875.
New York.

Receiving stolen goods, § 1876.

Not necessary to prove that principal had been convicted, § 1877.
Trial of offence, § 1878.

Pennsylvania.

Bigamy, felony, receiving stolen goods, &c., § 1879.

Punishment, § 1880.

Receiving stolen goods, &c., § 1881.

Receiving stolen obligations, bonds, promissory notes, &c., § 1882.
Accessary after fact, § 1883.

Virginia.

Ohio.

Receiving stolen goods, § 1884.

Receiving stolen goods of value of thirty-five dollars and upward, § 1885.
Receiving stolen bank bills, bills of exchange, &c., § 1886.

Concealing stolen goods of less value than thirty-five dollars, § 1887.

B. OFFENCE GENERALLY.

I. In what the offence consists, § 1888.

II. Indictment, § 1899.

(a) This offence, so far as it may be considered as a corollary of larceny, is treated of, ante, 415 note. The form in the text, with the accompanying notes, though based on the English statute, is useful for reference generally; that statute having been substantially re-enacted throughout the union.

(b) A variance in this particular will be fatal; People v. Wiley, 3 Hill N. Y. R. 194. If, however, as in larceny, the crime be established in respect to only a single article, though the indictment describe several, the defendant may be convicted. Thus where, on the trial of an indictment which misdescribed a part of the goods, but contained a