Commonwealth v. Lowery

Indictment — Breaking and Entering — Larceny — Verdict. On 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.

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. The judge refused so to rule, and the defendant excepted. The jury returned a verdict of guilty' against the defendant of larceny in a building on the first count, and of not guilty on the second count.