Commonwealth v. Milliken
Massachusetts Supreme Judicial Court
Indictment, under Pub. Sts. c. 205, § 15, charging the defendant with taking a bribe as a juror to give his verdict in favor of the defendant in a case on trial in the Superior Criminal Court. At the trial in the Superior Court, before Grasldll, J., the defendant, before the impanelling of the jury, presented a motion to quash the indictment, alleging defects both in form and substance. The judge overruled the motion, and the defendant excepted.
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Indictment, under Pub. Sts. c. 205, § 15, charging the defendant with taking a bribe as a juror to give his verdict in favor of the defendant in a case on trial in the Superior Criminal Court. At the trial in the Superior Court, before Grasldll, J., the defendant, before the impanelling of the jury, presented a motion to quash the indictment, alleging defects both in form and substance. The judge overruled the motion, and the defendant excepted. The jury returned a verdict of guilty; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The exceptions in this case are to the overruling of the motion to quash. The first, second, and fourth reasons contained in the motion are that the indictment does not allege that the bribe was taken or received from a party to the action or from one acting on behalf of such a party. It was not necessary that it should so allege. The statute under which the defendant was indicted provides that if a juror “ cor*80ruptly takes anything to give his verdict,” or “ corruptly receives any gift or gratuity whatever from a party to a suit, cause, or proceeding ... he shall be punished,” etc. Pub. Sts.…
2Cases cited1 opinion
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1880
3Cited by3 opinions
- Commonwealth v. R. I. Sherman Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- State v. Kearns, Court of Common Pleas of Ohio, Franklin County, Civil Division1955
- State v. Lang, Court of Common Pleas of Ohio, Franklin County, Civil Division1907