Commonwealth v. Herty , 109 Mass. 348 ( 1872 )

Chapman, C. J.

The indictment charges the prisoner with the crime of murder, in two counts, both of which are good. The statute requires the jury to find the degree of murder, if they find the prisoner guilty. The finding in this case acquits the prisoner of murder in the first degree, by finding him guilty of murder in the second degree; .and covers all the allegations. The verdict is general, and covers the charges contained in the indictment.

Motion in arrest overruled.