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COMMONWEALTH v. TILLEY

327 Mass. 540 (1951)

99 N.E.2d 749

COMMONWEALTH vs. BENJAMIN TILLEY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1951.

June 29, 1951.

Attorney(s) appearing for the Case

J.H. Soble, for the defendant.

Edward M. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & WILLIAMS, JJ.

SPALDING, J.

The indictment in this case alleged that on March 21, 1949, one Edward J. McAleney did break and enter in the night time "a certain building ... to wit: the shop of one Murry Spiegel ... with intent ... to commit larceny, and did then and there in said building steal" certain described property belonging to Spiegel of the value of $2,285. The indictment then charged the defendant with being an accessory after the fact to "the felony aforesaid." See G...

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