84 Mass. 505 | Mass. | 1861
The first instruction asked for by the defendant was very properly withheld by the court. It certainly does not appear from the allegations in the indictment that two or more of the counts contained in it depend, either in whole or in part, upon the same facts or transactions. On the other hand it is quite clear that evidence which would be sufficient to sustain either of the last two counts would not be sufficient to sustain the other, and proof of both would not establish the allegations in the first. And there is nothing upon the face of the indictment to show that, in making the charge against the defendant set forth in the first count, the grand jury took into consideration at all the evidence upon which they made their presentment against the defendant for the single sales described in the other counts. It was wholly immaterial in relation to this question that the district attorney had stated that he relied upon the evidence, so far as the jury should consider it applicable, to sustain either of the first two counts.
In relation to the second instruction asked for, it is apparent that the evidence produced in behalf of the government to show that the defendant’s authorized agent made the sale concerning which testimony was offered, was admissible and competent for that purpose. This is not contested by the defendant, and he
Exceptions overruled.