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eBook details

• Title: Commonwealth v. Tilley Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 28, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

RONAN, Justice. The defendants were convicted after a trial upon an indictment charging a violation of G.L.(Ter.Ed) c. 266, § 49; alleging that they knowingly had in their possession certain machines, tools and implements adapted and designed for cutting through, forcing and breaking open buildings, rooms, vaults, safes and other depositories, in order to steal therefrom such moneys and other property as might be found therein; that they knew that such machines, tools and implements were adapted and designed for such purposes; and that they intended to use them for this purpose. The defendants excepted to the refusal to grant their motions for directed verdicts of not guilty. There was evidence that automobile manufacturers supply keys for the ignition locks, door locks and trunk locks. These keys are manufactured in series, each series having a special design and a special code number. New keys may be obtained from the manufacturers or from a locksmith who has been supplied with a code book and with the machinery for stamping out the various designs of keys in the different series. One Brummitt, a locksmith, had such a code book and stamping machinery. On six occasions during the two months preceding their arrest the two defendants had called at the shop of this locksmith and secured from him keys that he had made in accordance with the code numbers given to him by the defendants. On September 29, 1939, two police officers saw the defendant Tilley standing on a stairway that led from the street to the front vestibule of an apartment house. The other defendant, Carro, was a few feet away talking to a third person. Upon the approach of the officers Tilley went up the stairs and disappeared into the vestibule. When the officers reached the front door, which was partly open and was against Tilley's back, they saw a bundle containing six automobile keys on the floor behind the partly opened door. Each of these keys had the name Brummitt upon it and all were made in his shop. Each of the keys had a tag which bore a number. Each of four of these keys would lock and unlock the ignition and doors of an automobile registered under the same number as the number upon the tag attached to that key. The two remaining keys would unlock respectively the trunks with which two of these automobiles were equipped. All of these four automobiles were owned and used by salesmen, who were accustomed to carry their goods in their automobiles and to leave them there when they made calls upon their customers. None of the owners of these automobiles had authorized either defendant to have the keys manufactured.

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