Commonwealth v. Scott
Massachusetts Supreme Judicial Court
Indictment against Robert Scott and James Dunlap, for breaking and entering the house of Laura B. Whittelsey, in the night time, with intent to commit larceny therein. At the trial in the Superior Court, before Bacon, J., after twelve jurymen had been sworn, but before the jury had been empanelled, the judge allowed the government, against the defendants’ objection and exception, to peremptorily challenge one of the jurors thus sworn.
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Indictment against Robert Scott and James Dunlap, for breaking and entering the house of Laura B. Whittelsey, in the night time, with intent to commit larceny therein. At the trial in the Superior Court, before Bacon, J., after twelve jurymen had been sworn, but before the jury had been empanelled, the judge allowed the government, against the defendants’ objection and exception, to peremptorily challenge one of the jurors thus sworn. During the trial the defendants excepted to the admission of certain evidence introduced by the government, and to the exclusion of certain evidence offered by…
1Opinion of the CourtGray, C. J.
By our system of jurisprudence, the government has no right to interrogate a person accused of crime, or to compel him to testify, but must sustain its charge by independent evidence. The accused has the right to simply deny his guilt, and to rely upon the legal presumption of his innocence, until he is proved to be guilty. In accordance with this ancient rule of the common law, the Constitution of the Commonwealth declares that no subject shall be compelled to accuse or furnish evidence against himself. Declaration of Rights, art. 12. The statutes *241allowing persons charged with the commission…
2Cases cited2 opinions
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. HarlowMassachusetts Supreme Judicial Court · 1872
3Cited by29 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Wilson v. United StatesSupreme Court of the United States · 1893
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- State v. TaylorWest Virginia Supreme Court · 1905
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