Commonwealth v. Walsh
Massachusetts Supreme Judicial Court
Indictment for receiving stolen goods. At November term 1876 of the Superior Court, the defendants, when called for trial by jury, filed the following plea or challenge to the array of the petit jury: “ And now come the said John H. Walsh and Rosanna Walsh, in their proper persons, when the jury is about to be empanelled to try the issue found on said indictment, and say that the said jury is an illegal jury, and each juror drawn is not a legal juryman, and not competent to…
Read the full summary
Indictment for receiving stolen goods. At November term 1876 of the Superior Court, the defendants, when called for trial by jury, filed the following plea or challenge to the array of the petit jury: “ And now come the said John H. Walsh and Rosanna Walsh, in their proper persons, when the jury is about to be empanelled to try the issue found on said indictment, and say that the said jury is an illegal jury, and each juror drawn is not a legal juryman, and not competent to serve otherwise: “ First. Because they were not impartially drawn by lot from the whole body of adult male citizens of…
1Opinion of the CourtGray, C. J.
The trial of the challenge to the array by the court, and not by a jury or by triers appointed for the purpose, affords the defendants no ground of exception. By the common law, a challenge to the array might be tried either by the court itself, or by such officers or persons as it might designate. Lloyd v. Williams, 2 Rol. R. 363. 2 Hale P. C. 275. Bac. Ab. Juries, E. 12. 7 Dane Ab. 331. And in this Commonwealth, as elsewhere in New England, all challenges have usually been tried by the court. Samuel Dexter, arguendo, in Borden v. Borden, 5 Mass. 67, 71. 7 Dane Ab. 334. Commonwealth v.…
2Cases cited6 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
- State v. PotterSupreme Court of Connecticut · 1846
- Borden v. BordenMassachusetts Supreme Judicial Court · 1809
- State v. ClarkSupreme Court of Vermont · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Johnson v. StateSupreme Court of Alabama · 1893
- Commonwealth v. BestMassachusetts Supreme Judicial Court · 1902
7 more not listed; retrieve them via the Exa API.