Commonwealth v. Desmond
Massachusetts Supreme Judicial Court
Indictment for an assault with a dangerous weapon upon one Keenan. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows: The government contended that the assault was committed by the defendant’s discharging four bullets from a revolver at Keenan, one of which wounded him, while he was at or near the street door of the defendant’s saloon in Cambridge, and while the defendant was in the saloon.
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Indictment for an assault with a dangerous weapon upon one Keenan. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows: The government contended that the assault was committed by the defendant’s discharging four bullets from a revolver at Keenan, one of which wounded him, while he was at or near the street door of the defendant’s saloon in Cambridge, and while the defendant was in the saloon. It appeared that the shooting was done by the defendant in the manner above stated; that one of the bullets wounded Keenan,…
1Opinion of the CourtW. Abler, J.
The question is whether there was such misconduct on the part of the juror as to require the verdict to be set aside. To have this effect, it must appear that the misconduct was such as might have prejudiced the defendant. The presiding judge found as a fact that the defendant was not prejudiced by the act of the juror, and that finding is conclusive, unless the facts reported are inconsistent with it and show that it was erroneous in law. The act was done after the jury had agreed upon 'and sealed up their verdict, and separated by leave of the court. The juror might still refuse to assent…
2Cases cited3 opinions
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Johnson v. WittMassachusetts Supreme Judicial Court · 1884
- Cowles v. MerchantsMassachusetts Supreme Judicial Court · 1886
3Cited by11 opinions
- Berlandi v. CommonwealthMassachusetts Supreme Judicial Court · 1943
- Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
- Harrington v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Farrell v. German American InsuranceMassachusetts Supreme Judicial Court · 1900
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