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109 Mass. 348

Commonwealth v. Herty

Massachusetts Supreme Judicial Court · decided 1872-03-15

<p>On an indictment for murder, a verdict that the defendant is guilty of murder in the second degree is a general verdict.</p>

Cited by 1 later decisions — most recently December 1897

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1872-03-15

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Chapman, C. J.

¶1The indictment charges the prisoner with the crime of murder, in two counts, both of which are good. The *349statute requires the jury to find the degree of murder, if they find the prisoner guilty. The finding in this case acquits the prisoner of murder in the first degree, by finding him guilty of murder in the second degree; .and covers all the allegations. The verdict is general, and covers the charges contained in the indictment.

¶2 Motion in arrest overruled.

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