Commonwealth v. Carey
Massachusetts Supreme Judicial Court
Indictment on the St. of 1868, c. 141, with three counts, the first charging the defendant with unlawfully exposing intoxicating liquors for sale, and the second and third respectively with making different unlawful sales of intoxicating liquors. Trial in the superior court, before Brigham, C. J., who allowed a bill of exceptions of which the following is the material part: “ The jury returned a general verdict of guilty.
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Indictment on the St. of 1868, c. 141, with three counts, the first charging the defendant with unlawfully exposing intoxicating liquors for sale, and the second and third respectively with making different unlawful sales of intoxicating liquors. Trial in the superior court, before Brigham, C. J., who allowed a bill of exceptions of which the following is the material part: “ The jury returned a general verdict of guilty. Before the verdict was affirmed, the defendant’s counsel suggested a doubt whether the jury intended to convict on all the counts. The judge then said to the jury,1 You mean…
1Opinion of the CourtMorton, J.
It is well settled that several offences may be charged in separate counts of the same indictment, if they are of the same general character and subject to the same kind of punishment; and whether they shall be tried separately or together is a matter within the discretion of the presiding judge. But if. they are tried together, the cardinal principles of the criminal law apply in the same manner as if each offence was charged in a separate indictment and tried separately. Each offence charged must be proved beyond reasonable doubt, by evidence legally applicable thereto. It necessarily…
2Cited by12 opinions
- State v. NolandSupreme Court of Missouri · 1892
- Collins v. CommonwealthMassachusetts Supreme Judicial Court · 1943
- State Ex Rel. v. CloughSupreme Court of New Hampshire · 1902
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889
- Bruno v. United StatesCourt of Appeals for the First Circuit · 1923
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