Commonwealth v. Andrews

This is an indictment in four counts against Joseph B. Andrews, Caroline E. Andrews and Walter H. Weeks. The defendant Weeks seasonably filed a motion to quash the indictment, whereupon the attorney of the government entered a nolle prosequi as to the second count. The effect of this was to obviate the objections, in the motion to quash, to the second count, and to its joinder with the other counts. Being thus made immaterial, we need not consider them.

It is objected, “that the indictment contains no averments that the different counts are different descriptions of the same *264act, as required…