Commonwealth v. Tobin
Massachusetts Supreme Judicial Court
Indictment for manslaughter. After verdict of guilty in the Superior Court, the defendant, on the same day, moved to set aside the verdict for the following reasons: “ 1. Because the proceedings in regard to the rendition of the verdict and separation of the jury were irregular and illegal. 2. Because no proper and correct verdict was rendered by the jury. 3. Because, after the case was given to the jury, and before any verdict was rendered, they had separated without the…
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Indictment for manslaughter. After verdict of guilty in the Superior Court, the defendant, on the same day, moved to set aside the verdict for the following reasons: “ 1. Because the proceedings in regard to the rendition of the verdict and separation of the jury were irregular and illegal. 2. Because no proper and correct verdict was rendered by the jury. 3. Because, after the case was given to the jury, and before any verdict was rendered, they had separated without the knowledge or consent of the defendant.” The motion was overruled by Gardner, J., who allowed a bill of exceptions, stating…
1Opinion of the CourtGray, C. J.
By the law of England, in cases of felony, the only verdict allowed was a public verdict pronounced by the foreman in open court, and in the presence of the prisoner. In prosecutions for misdemeanors, and in civil cases, although the jury were permitted to separate upon giving a privy verdict orally to the judge out of court, yet such verdict was of no force unless afterwards affirmed by an oral verdict given publicly in court, and the only effectual and legal verdict was the public *206verdict. 3 Bl. Com. 377. 4 Bl. Com. 360. 1 Chit. Crim. Law 635, 636.
In this country, by way of substitute for a…
2Cases cited2 opinions
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. DurfeeMassachusetts Supreme Judicial Court · 1868
3Cited by34 opinions
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. GreenMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 2000
- United States v. James J. D'AntonioCourt of Appeals for the Seventh Circuit · 1965
- Commonwealth v. TennisonMassachusetts Supreme Judicial Court · 2003
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