Commonwealth v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Indictment, in five counts, under the Gen. Sts. c. 63, § 98,* and the St. of 1871, e. 352, † to recover, for the use of the widow and children of Charles Keniston, a fine, by reason of the loss of his life, from being run over on May 7, 1874, by an engine and brain of cars of the defendant, at a place in Somerville where the defendant railroad crosses Park Street, so called, at grade.
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Indictment, in five counts, under the Gen. Sts. c. 63, § 98,* and the St. of 1871, e. 352, † to recover, for the use of the widow and children of Charles Keniston, a fine, by reason of the loss of his life, from being run over on May 7, 1874, by an engine and brain of cars of the defendant, at a place in Somerville where the defendant railroad crosses Park Street, so called, at grade. The first count was as follows: “ The jurors for the Commonwealth of Massachusetts, on their oath, present that the Fitchburg Railroad Company, a corporation duly and legally established in this Commonwealth,…
1Opinion of the CourtLoed, J.
The indictment- in this case contained five counts, and, as appears by the bill of exceptions, all for the same of-fence, although it is not alleged, as sometimes it is, that the various counts are different modes of charging the same offence. It has long been the practice-in this Commonwealth to charge several misdemeanors in different counts of the. same indictment, and to enter verdicts and judgments upon the several counts, in the same manner and with the same effect as if a separate indictment had been returned upon each charge. It has also been long established that the same offence may…
2Cited by13 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. DoyleMassachusetts Supreme Judicial Court · 1949
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1961
- Commonwealth v. LowreyMassachusetts Supreme Judicial Court · 1893
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