Commonwealth v. York
Massachusetts Supreme Judicial Court
The defendant was indicted for the murder of James Norton. His counse, at the trial, attempted to show that his offence was manslaughter. The evidence at the trial, so far as it relates to the questions of law hereinafter discussed, is stated in the opinion of the majority of the court, as given by the chief justice.
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The defendant was indicted for the murder of James Norton. His counse, at the trial, attempted to show that his offence was manslaughter. The evidence at the trial, so far as it relates to the questions of law hereinafter discussed, is stated in the opinion of the majority of the court, as given by the chief justice. After the case was committed to the jury, with instructions from the court, and they had been in consultation several hours, they sent to the court this question: ■u Were the jury instructed by the court, that the prisoner must prove provocation or mutual combat, and was not to…
1Opinion of the Court
The opinion of a majority of the court was delivered by
Shaw, C. J
A motion has been submitted by the counsel *100for the prisoner, after conviction, for a new trial, for a misdirection in point of law, in the instructions of the court to the jury. Such a motion is of rare occurrence; and as a capital trial is by law a trial before a full court, it cannot be considered as a matter of course, and if allowable at all, it must be on occasions of real difficulty and importance.
On the present trial, after the jury had retired to deliberate on their verdict, and had been some time in consultation, they…
2Cases cited3 opinions
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Sanders v. Bank of KentuckyCourt of Appeals of Kentucky · 1859
- Respublica v. BobSupreme Court of the United States · 1795
3Cited by19 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- State v. HankersonSupreme Court of North Carolina · 1975
- State v. ParkSupreme Judicial Court of Maine · 1963
- Welty v. StateIndiana Supreme Court · 1912
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