Legal Opinion

Commonwealth v. Moore

Massachusetts Supreme Judicial Court

Decided December 2, 1886PublishedCited by 16 opinions

Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on April 1, 1886, and on divers other days and times between that day and May 22, 1886. In the Superior Court, before the jury were empanelled, the defendant objected to Abram T. Eddy, one of the jurors, as incompetent to sit in the case. Staples, J., overruled the objection.

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Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, on April 1, 1886, and on divers other days and times between that day and May 22, 1886. In the Superior Court, before the jury were empanelled, the defendant objected to Abram T. Eddy, one of the jurors, as incompetent to sit in the case. Staples, J., overruled the objection. The jury returned a verdict of guilty; and the defendant alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtGardner, J.

Jurors in this Commonwealth are required to be “persons of good moral character, of sound judgment, and free from all legal exceptions.” Pub. Sts. c. 170, § 6. By § 35, upon motion of either party in a suit, the court is required to examine the person called as a juror therein, “ to know whether he is related to either party, or has any interest in the cause, or has expressed or formed an opinion, or is sensible of any bias or prejudice therein.” After the examination of the juror, as above *137provided, the party objecting may introduce any other competent evidence in support of the objection,…

2Cases cited1 opinion

  1. Woodward v. DeanMassachusetts Supreme Judicial Court · 1873

3Cited by16 opinions

  1. People v. . McQuadeNew York Court of Appeals · 1888
  2. Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
  3. Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  4. Ex Parte RieckCourt of Criminal Appeals of Texas · 2004
  5. United States v. Safeway Stores, Inc.Court of Appeals for the Tenth Circuit · 1944

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