Commonwealth v. James
Massachusetts Supreme Judicial Court
Indictment against Silas James and Charles T. James for the murder of Joseph G. Clark. Before the jury were called, the counsel of Silas James moved lhat be might have a separate trial, assigning specially as reason therefor that in support of the prosecution evidence would probably be introduced of a confession by Charles T. James, which implicated both himself and Silas in the commission of the crime as charged in the indictment.
Read the full summary
Indictment against Silas James and Charles T. James for the murder of Joseph G. Clark. Before the jury were called, the counsel of Silas James moved lhat be might have a separate trial, assigning specially as reason therefor that in support of the prosecution evidence would probably be introduced of a confession by Charles T. James, which implicated both himself and Silas in the commission of the crime as charged in the indictment. And the testimony of a witness before the coroner’s jury was read, which tended to prove such confession.
1Opinion of the CourtChapman, C. J.
The general rule is, that persons jointly indicted should be tried together. It is conceded that the court may in its discretion order separate trials. This should not be done unless it appears that one or more of the defendants may be prejudiced by a joint trial. The fact that it may affect their right of challenge is not a sufficient reason for directing separate trials. If it were, it would be a reason for changing the general rule, as it applies to all cases. But in the present case, if the Commonwealth intends to offer in evidence the whole confession of Charles T. James, its application…
2Cited by27 opinions
- People v. MassieCalifornia Supreme Court · 1967
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
- People v. PerryCalifornia Supreme Court · 1925
- Day v. StateCourt of Appeals of Maryland · 1950
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
22 more not listed; retrieve them via the Exa API.