Legal Opinion
Commonwealth v. Hebert
Massachusetts Supreme Judicial Court
Decided February 5, 1980PublishedCited by 42 opinions
1Opinion of the CourtWilkins, J.
In this case we conclude that a poll of the jury showed that the jurors did not agree unanimously on a verdict of the defendant’s guilt and that, following a dialogue between the judge and an unconvinced juror, a mistrial should have been declared.
We summarize the evidence briefly. On April 1, 1975, the first day of the effectiveness of the mandatory one-year sentence for the carrying of a firearm without a firearm identification card,* 1 a policeman apprehended the defend ant who was carrying an unloaded, but operational, rifle on a dirt road leading into woods in a rural area of the city of…
2Cases cited19 opinions
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
- United States v. DoughertyCourt of Appeals for the D.C. Circuit · 1972
- United States v. SpockCourt of Appeals for the First Circuit · 1969
- Commonwealth v. RodriquezMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. FidlerMassachusetts Supreme Judicial Court · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Commonwealth v. ConnorMassachusetts Supreme Judicial Court · 1984
- Commonwealth v. BerryMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. ConefreyMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. SantosMassachusetts Supreme Judicial Court · 2003
- Commonwealth v. WatkinsMassachusetts Supreme Judicial Court · 1997
37 more not listed; retrieve them via the Exa API.