Commonwealth v. White
Massachusetts Supreme Judicial Court
Indictment. Before the former decision, reported 147 Mass. 76, was made, at a rehearing in the Superior Court, before Sherman, J., on the motion for a new trial filed in that case, evidence was introduced tending to prove the following additional facts.
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Indictment. Before the former decision, reported 147 Mass. 76, was made, at a rehearing in the Superior Court, before Sherman, J., on the motion for a new trial filed in that case, evidence was introduced tending to prove the following additional facts. Henry J. Cullum, one of the jurors who tried the case against the defendant, went just before the trial into a saloon on Court Street in Boston “ to have a drink,” in company with one Pastrouich, who had also been summoned as a juror, but did not serve in that case. While they were standing at the bar, they asked a person unknown to them, who…
1Opinion of the Court
By the Court.
The principles upon which this case depend were fully considered and discussed when it was before us at a former hearing. Commonwealth v. White, 147 Mass. 76. For the reasons stated in the opinion then delivered, we are of opinion that the granting or refusing the defendant’s motion for a new trial was a matter within the discretion of the judge of the Superior Court who presided at the trial. The additional evidence produced at the rehearing of the motion was of the same character as that put in at the first bearing, and is subject to the same considerations. It was for the…
2Cases cited1 opinion
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
3Cited by9 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. ThebergeMassachusetts Supreme Judicial Court · 1953
- Commonwealth v. CaplandMassachusetts Supreme Judicial Court · 1926
- State v. SalversonSupreme Court of Minnesota · 1902
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