Commonwealth v. Walsh
Massachusetts Supreme Judicial Court
Indictment, against John J. Walsh and Thomas Casey, for breaking and entering the dwelling-house of Simeon B. Small and George B. Small, on July 26, 1892, at Pittsfield, and stealing therein. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Indictment, against John J. Walsh and Thomas Casey, for breaking and entering the dwelling-house of Simeon B. Small and George B. Small, on July 26, 1892, at Pittsfield, and stealing therein. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows. The defendants testified, and there was other evidence also tending to show, that they had, for several days next prior to the day when the house in question was broken and entered, worked digging a ditch in Dalton not far from the house. They also testified that, upon the night next prior to the…
1Opinion of the CourtLathkop, J.
The defendants contend that the provisions of the Pub. Sts. c. 153, § 5, were violated by the justice who presided at the trial in the Superior Court, and that they are therefore entitled to a new trial. This section is as follows: “ The courts shall not charge juries with respect to matters of fact, but may state the testimony and the law.” It was undoubtedly within the province of the presiding justice, if the defendants’ counsel in his argument stated the evidence differently from what the justice supposed it to be, to call his attention to the fact, and to state what his recollection of…
2Cases cited5 opinions
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
- Durant v. BurtMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1889
- New Hampshire Fire Insurance v. HealeyMassachusetts Supreme Judicial Court · 1890
- Dolan v. AlleyMassachusetts Supreme Judicial Court · 1891
3Cited by7 opinions
- Anderson v. Beacon Oil Co.Massachusetts Supreme Judicial Court · 1932
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Commonwealth v. VenutiMassachusetts Supreme Judicial Court · 1943
- Evans v. O'ConnorMassachusetts Supreme Judicial Court · 1899
- Fairman v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1897
2 more not listed; retrieve them via the Exa API.