Commonwealth v. Tucker
Massachusetts Supreme Judicial Court
Indictment charging Charles L. Tucker with the murder of Mabel Page at Weston on March 31, 1904. In the Superior Court the case was tried before Sherman and Sheldon, JJ. Before the jury were empanelled the counsel for the defendant read a special plea, a motion to quash, and a motion to withdraw the defendant’s plea of not guilty and to substitute therefor the special plea and motion to quash. These motions were denied by the judges.
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Indictment charging Charles L. Tucker with the murder of Mabel Page at Weston on March 31, 1904. In the Superior Court the case was tried before Sherman and Sheldon, JJ. Before the jury were empanelled the counsel for the defendant read a special plea, a motion to quash, and a motion to withdraw the defendant’s plea of not guilty and to substitute therefor the special plea and motion to quash. These motions were denied by the judges. The jury returned a verdict of guilty of murder in the first degree; and the defendant alleged exceptions, raising the questions stated by the court. The fourth,…
1Opinion of the CourtHammond, J.
1. We have not found it necessary to consider whether the indictment should have been quashed for the reasons set forth in the special plea and the motion to quash, because we are of opinion that that question is not before us for decision. The defendant having entered a plea of not guilty was not entitled as a matter of right to retract his plea and plead anew. He could do this only by the permission of the court, (1 Chitty, Crim. Law, 436, Commonwealth v. Blake, 12 Allen, 188, Commonwealth v. Lannan, 13 Allen, 563,) and whether that permission should be granted rested with the sound…
2Cases cited15 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Craig v. CraigSupreme Court of Pennsylvania · 1835
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3Cited by234 opinions
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- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
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