Massachusetts Supreme Judicial Court

Commonwealth v. Lowery

149 Mass. 67 · 1889 Mass. LEXIS 118 · 20 N.E. 697

April 6, 1889

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Opinion

By the Court.

It is well settled that, upon an indictment charging in the same count a breaking and entering, and a larceny, the jury may return a general verdict, or a verdict of guilty of the larceny only. Jennings v. Commonwealth, 105 Mass. 586. The defendant does not argue his motion to quash the indictment, and we have no doubt that the ruling of the Superior Court thereon was correct.

Exceptions overruled.