Commonwealth v. Wood
Massachusetts Supreme Judicial Court
The defendants were jointly indicted and tried for a larceny, and the jury, after having been some time withdrawn, returned into Court, and suggested that they were agreed in a verdict as to one of the defendants, but could not agree as to the other, their opinions differ ing as to the weight of the evidence. The Attorney- General objected to receiving" a verdict, unless on the whole matter committed to them.
1Opinion of the Court
But the Court ordered the jury to be inquired of as to the defendants severally ; and they answered, that they found Wood not guilty, but could not agree as to Sherburn ; and added, that they had no prospect of agreeing.
The Court thereupon discharged them of the indictment, ordered Wood to go without day, and the indictment continued as to Sherburn, who recognized for his appearance at the next term.†
Upon an indictment against two persons, charging them with a joint and'single offence, as stealing in a dwelling-house, both or either may be found guilty, but they cannot be found guilty of…
2Cited by3 opinions
- Davis v. StateMississippi Supreme Court · 1898
- Richardson v. RichardsonMassachusetts Supreme Judicial Court · 1806
- Moore v. MooreMassachusetts Supreme Judicial Court · 1806