State v. McCormick
Supreme Judicial Court of Maine
On exceptions. ’ This was indictment for rape upon a child under the age of ■fourteen years. The case was tried to a jury in the Superior «Court, for Kennebec County. The defendant filed a motion in arrest of judgment and for a new trial, which was overruled by the presiding justice, and he thereupon took exceptions.
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On exceptions. ’ This was indictment for rape upon a child under the age of ■fourteen years. The case was tried to a jury in the Superior «Court, for Kennebec County. The defendant filed a motion in arrest of judgment and for a new trial, which was overruled by the presiding justice, and he thereupon took exceptions. The motion is as follows : "And now comes the respondent in the above entitled indictment, after the verdict and before sentence, and moves an arrest of judgment and for a new trial, for the following reasons, to wit: "1st. Because the jury, after hearing the case and the judge’s…
1Opinion of the CourtWalton, J.
In capital cases and cases in which the accused, if found guilty, is liable to be punished by imprisonment for life, it is error’ to allow the jury to seal up their verdict and then separate before returning it into court.
In cases not capital, and in which the accused, if found guilty, is not liable to be punished by imprisonment for life, the jury may be allowed to seal up their verdict, if it is agreed upon during an adjournment of the court, and return it into court when the court is again in session.
But such a verdict must be in proper form and signed by the foreman of the jury. A piece…
2Cases cited1 opinion
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
3Cited by5 opinions
- State v. DoyleSupreme Court of New Jersey · 1964
- Hoback v. CommonwealthSupreme Court of Virginia · 1906
- State v. NavarroSupreme Judicial Court of Maine · 1932
- People v. DuffekMichigan Supreme Court · 1910
- Slater v. CommonwealthSupreme Court of Virginia · 1944