Commonwealth v. White
Massachusetts Supreme Judicial Court
Indictment. After the former decision, reported 145 Mass. 392, at a hearing in the Superior Court, before' Sherman, J., on a motion for a new trial on the ground that “ some of the jurors were unduly influenced and expressed a decided opinion of the guilt and innocence of the defendant before the evidence on either side of the case was concluded, and before the arguments of counsel were made, and before the jury were charged on the law and facts of the case,” evidence was…
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Indictment. After the former decision, reported 145 Mass. 392, at a hearing in the Superior Court, before' Sherman, J., on a motion for a new trial on the ground that “ some of the jurors were unduly influenced and expressed a decided opinion of the guilt and innocence of the defendant before the evidence on either side of the case was concluded, and before the arguments of counsel were made, and before the jury were charged on the law and facts of the case,” evidence was offered in substance as follows. One Ross testified that he was one of the jurors who tried the case against the defendant…
1Opinion of the CourtDevens, J.
A motion for a new trial, on grounds similar to those alleged in the case at bar, is ordinarily addressed solely to the discretion of the judge who presided at the trial. Unless he shall have refused to exercise that discretion in favor of the moving party under circumstances the proved existence of which required that for some legal reason he should do so, or unless he has refused to receive and consider evidence by which that discretion should be guided or controlled, his decision cannot be elsewhere reviewed. Woodward v. Leavitt, 107 Mass. 453, 458. Clapp v. Clapp, 137 Mass. 183. Johnson…
2Cases cited5 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Johnson v. WittMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1886
- Rowe v. CarreyMassachusetts Supreme Judicial Court · 1885
- Clapp v. ClappMassachusetts Supreme Judicial Court · 1884
3Cited by25 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1957
- Cohen v. YoungCourt of Appeals for the Sixth Circuit · 1942
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