Commonwealth v. Herty

109 Mass. 348
Massachusetts Supreme Judicial Court·Decided March 15, 1872·Published·Cited by 1 cases

Opinion

Chapman, C. J.

The indictment charges the prisoner with the crime of murder, in two counts, both of which are good. The [349] statute 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.

Motion in arrest overruled.

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Commonwealth v. Herty, 109 Mass. 348 (Mass. 1872).

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