¶1Each of the several sales charged being proved, convictions may be had thereon, although three or more are charged and proved. It is not an objection that the defendant can take, that he might have been charged and convicted as a common seller. Exceptions overruled.
66 Mass. 505
Commonwealth v. Tuttle
Massachusetts Supreme Judicial Court
Decided November 15, 1853
Massachusetts Supreme Judicial Court · decided 1853-11-15
The defendant was convicted of three single sales of spirituous liquor in one indictment of several counts, in the court of common pleas, before Briggs, J., at the October term, 1853; and excepted to his rulings, among other reasons because “ an indictment cannot be sustained, charging several acts of sale, if the acts charged and proved were sufficient to constitute the defendant a common seller, because the separate sales are merged in the higher offence ”
Decided 1853-11-15