Commonwealth v. Herty
109 Mass. 348
Mass.
1872
Check Treatment
Chapman, C. J.

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