Commonwealth v. Scott
Massachusetts Supreme Judicial Court
Indictment against Robert Scott and James Dunlap, for breaking and entering, on January 26, 1876, the banking house of the Northampton National Bank, at Northampton, with intent to commit larceny therein. Trial in the Superior Court, before Bacon, J., who allowed a hill of exceptions in substance as follows : 1. At the opening of the trial, the district attorney moved that Edward B. Gillett, esquire, be allowed to assist the government in the prosecution of the case.
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Indictment against Robert Scott and James Dunlap, for breaking and entering, on January 26, 1876, the banking house of the Northampton National Bank, at Northampton, with intent to commit larceny therein. Trial in the Superior Court, before Bacon, J., who allowed a hill of exceptions in substance as follows : 1. At the opening of the trial, the district attorney moved that Edward B. Gillett, esquire, be allowed to assist the government in the prosecution of the case. Objection being made by the defendants, Mr. Gillett stated to the court that, as he understood it, he was present simply by…
1Opinion of the CourtMorton, J.
The questions raised in this case are numerous, and it will be convenient to consider them in the order in which, they are stated in the bill of exceptions.
1. It is well settled in this Commonwealth that while, as a general rule, the district attorney or other prosecuting officer *234should conduct the trial of criminal cases, yet it is within the power of the court in particular cases, in which from peculiar circumstances the interests of public justice seem to require it, to appoint a counsellor of the court to assist the public officer in the trial. The rule and its limitations are stated in…
2Cases cited6 opinions
- Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
- State v. WolcottSupreme Court of Connecticut · 1851
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. LarrabeeMassachusetts Supreme Judicial Court · 1868
- King v. DonahueMassachusetts Supreme Judicial Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. KiernanMassachusetts Supreme Judicial Court · 1964
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
51 more not listed; retrieve them via the Exa API.