149 Mass. 67
Massachusetts Supreme Judicial Court
Decided April 6, 1889
Massachusetts Supreme Judicial Court · decided 1889-04-06
Indictment in two counts, charging in the first count a breaking and entering a building, and a larceny, and in the second count a receiving of stolen goods. In the Superior Court, before the jury was impanelled, the defendant filed a motion to quash the indictment for misjoinder of counts. Hammond, J., overruled the motion. At the trial, the defendant’s counsel asked the judge to rule that he could not be convicted on the indictment for larceny in a building.
Cited by 2 later decisions — most recently December 1937
1 federal appellate · 1 state decisions
Relies on Jennings v. Commonwealth
Good law ✅— No negative treatment on recordhow we know
Decided 1889-04-06
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¶1It 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.
¶2Exceptions overruled.