
    Commonwealth versus Henry Lindsey.
    The breaking of a store in the night-time is an indictable offence by the statute of 1804, c. 142, § 6.
    The defendant was indicted for breaking a store in the nighttime, and committing a larceny therein, against the form of the statute, &c.
    After a conviction, he moved in arrest of judgment, on the ground that there was no statute provision for the [*154] offence * charged in the indictment; and Storer, in support of the motion, cited the case of Commonwealth vs. M’Monagle. 
      
    
    
      
       1 Mass. Rep. 517.
    
   Morton.

The indictment in the case cited was upon the statute of 1784, c. 66. But the indictment in the case at bar is found upon the statute of 1804, c. 142, § 6, in which the word store is enumerated among other buildings.

The defendant took nothing by his motion.

ADDITIONAL NOTE.

[See Com vs. Tuck, 20 Pick. 356. — Devoe vs. Com. 3 Mete. 316. — F. H.J  