Commonwealth v. Lowery
20 N.E. 697
Mass.
1889
Check Treatment
By the Court.

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. Commonwealth, 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.