Commonwealth v. Bowden
Massachusetts Supreme Judicial Court
Indictment for a highway robbery, to which the defendant pleaded not guilty, and a jury was empanelled at the last November term in this county, for his trial; who, after a full hearing of the cause, and being confined together during part of a day and a whole night, returned into Court, and informed the sitting judge that they had not agreed on a verdict, and that it was not probable that they ever could agree.
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Indictment for a highway robbery, to which the defendant pleaded not guilty, and a jury was empanelled at the last November term in this county, for his trial; who, after a full hearing of the cause, and being confined together during part of a day and a whole night, returned into Court, and informed the sitting judge that they had not agreed on a verdict, and that it was not probable that they ever could agree. Whereupon, one of the jurors was withdrawn from the panel, without the defendant’s consent, and the jury were discharged of the prisoner, and he was remanded to prison. Afterwards, in…
1Opinion of the Court
* By the Court.
The ancient strictness of the law upon this subject has very much abated in the English courts; nor would it be consistent with the genius of our government or laws to use compulsory means to effect an agreement among jurors. The practice of withdrawing a juror, where there existed no prospect of a verdict, has frequently been adopted at criminal trials in this Court, and the exception taken in this case cannot prevail.
The defendant took nothing by his motion.
2Cited by43 opinions
- Ramos v. LouisianaSupreme Court of the United States · 2020
- Ward v. StateCourt of Appeals of Maryland · 1981
- People v. GoodwinNew York Supreme Court · 1820
- State v. LeeSupreme Court of Connecticut · 1894
- Thames v. CommonwealthMassachusetts Supreme Judicial Court · 1974
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