Com. v. Lowery
| Decision Date | 06 April 1889 |
| Parties | COMMONWEALTH v. LOWERY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
April 6, 1889
HEADNOTES
P.J. Casey, for defendant.
A.J. Waterman, Atty. Gen., and H.A. Wyman, Asst. Atty. Gen., for the Commonwealth.
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. Com., 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.
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