210 Mass. 443 | Mass. | 1912
The defendant having been convicted under R. L. c. 208, § 18, of the crime of breaking and entering a dwelling house with intent to steal, and the larceny therein of three automobile tires, contends that the verdict should be set aside for manifest errors at the trial.
It is elementary, that unless the venue was correctly laid the court was without jurisdiction. Commonwealth v. Quin, 5 Gray, 478, 480. But the owner of the tires was a witness, and his evidence, if believed, was sufficient to prove, that the asportation was within the county, and the taking by whomsoever accomplished was felonious. R. L. c. 218, § 47. Commonwealth v. Friedman, 188 Mass. 308.
The government introduced no direct evidence connecting the defendant with the offense, and relied wholly upon proof of cir
If the larceny had been of goods which might have been easily disposed of, there would have been more force in the de- • fendant’s contention that his connection with the property was not sufficiently recent to justify the inference of guilt, but the jury properly could say, that automobile tires ordinarily do not pass from hand to hand in common traffic. Rex v. Adams, 3 C. & P. 600. Rex v. Partridge, 7 C. & P. 551.
Nor was it necessary to prove that the defendant’s opportunity to break in and steal was exclusive. The opportunity to commit a particular crime may be open to all who with knowledge of the chance are disposed to act feloniously, and, while the evidence tended somewhat to show that others might have had access to the storeroom, it also pointed to the defendant as the actual offender.
The rulings and instructions having been in accordance with well settled principles, the exceptions must be overruled.
So ordered.
The defendant offered no evidence.