The former acquittal, upon an indictment

for breaking and entering a dwelling-house and stealing therein the property of Joseph Burnett, was no bar to this complaint for stealing in the same dwelling-house at the same time the property of Harry Burnett, without proof that Joseph and Harry were the same person. Commonwealth v. Wade, 17 Pick. 395. Commonwealth v. Clair, 7 Allen, 525. Commonwealth v. Sullivan, 104 Mass. 552. 2 Hale P. C. 246.