Commonwealth v. Capland

The defendants were separately indicted. Jennie Capland was charged on four counts with violations of the liquor laws; Isaac Berley was indicted on three counts, the first for an alleged sale, the second for keeping liquor with intent to sell the same unlawfully, and the third for maintaining a common nuisance. The indictment on which Berley was tried was numbered 13,506. The defendants were tried together. Berley was found not guilty on the first and third counts, by order of the trial judge, and the jury returned a verdict of guilty on the second count.

The indictment 13,506 stood in the…