Commonwealth v. Cooper
Massachusetts Supreme Judicial Court
The defendant was indicted for a rape. After the cause was committed to the jury, they remained together through the night • and, in the morning, being sent for into Court, stated to the Court that one of their number was of opinion that, if suitable resistance had been used, the crime could not have been committed; and that, on this ground, he was fully resolved never to join his brethren in a verdict of guilty.
1Opinion of the Court
The Court
then conferred together, and the Chief Justice instructed the jury that they might find the prisoner guilty of a lower offence, if they were all convinced that an assault was made by him with intent to commit the crime charged in the indictment; that the Court, whatever their own impressions might be, were not desirous of gaining an opinion from the jury, after due deliberation and the exercise of a sound discretion, and doubts still remaining in the mind of a juror; but there would be no inconsistency in those of the jury who believed the crime to have been actually committed, as…
2Cited by1 opinion
- Groves v. BrownMassachusetts Supreme Judicial Court · 1814