
    Commonwealth vs. Bernard Duffy.
    Judgment will not be arrested on an indictment for larceny of “ sundry bank bills, of the aggregate value of $367,” merely because the verdict was “ guilty of stealing sundry bank bills of the value of $317, and not guilty as to the residue.”
    The defendant was indicted for larceny in a shop, of “ sundry bank bills, current as money in this commonwealth, then due and unpaid, and of the aggregate value of $367; but a more particular description of which the jurors cannot give as they have no means of knowing,” &c. Being found guilty in the municipal court of Boston, of “ stealing sundry bank bills of the value of $317, and not guilty as to the residue,” he moved in arrest of judgment, for the same cause as set forth in Commonwealth v. Sawtelle, ante, 143, and also because the general allegation of value alleged to the bills in the indictment was not sustained by the verdict. Wells, C. J. overruled the motion, and the defendant excepted.
    
      J. H. Bradley, for the defendant.
    
      R. Choate, (attorney-general,) for the commonwealth.
   Dewey, J.

This case must be governed by the principles settled in the case of Commonwealth v. Sawtelle, ante, 143, decided at the present term. The additional fact, that upon an indictment alleging the value of the goods to be $367, the jury found the defendant guilty of stealing $317 only, does not vary the case. It is like the case of an allegation of a larceny of ten bank bills, and a verdict of guilty as to nine of the bills. The jury having by their verdict found the value of the bills stolen, obviates the difficulty that might otherwise have arisen.

Motion in arrest of judgment overruled,.  