Case of Tucker
Massachusetts Supreme Judicial Court
He was returned as a grand juror from the town of Gloucester, and when he was called to be sworn, Story, as amicus curiae, suggested that one--had been accused of the crime of murder, and that it would come under the consideration of the grand jury at this term, whether an indictment should or should not be found against him for that crime; that Mr. Tucker was a neighbor of the accused, living in the same town, had originated the complaint against him, and had most probably…
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He was returned as a grand juror from the town of Gloucester, and when he was called to be sworn, Story, as amicus curiae, suggested that one--had been accused of the crime of murder, and that it would come under the consideration of the grand jury at this term, whether an indictment should or should not be found against him for that crime; that Mr. Tucker was a neighbor of the accused, living in the same town, had originated the complaint against him, and had most probably formed a strong opinion of his guilt; and that it was therefore unsuitable,that he should be sworn of the grand jury.…
1Opinion of the Court
* The Court
here recollected the instance referred to, observing that it was a solitary one, as far as their knowledge of the books extended. And they said, if objections of this nature were to be received, the course of public justice would be greatly impeded. Those who live in the vicinity of persons accused are probably better knowing than others to the general character of the parties, and of the witnesses; and on this account are perhaps the more proper members of the grand jury, who will derive useful information from their knowledge. If, however, any individual juror should be sensible…
2Cited by19 opinions
- Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
- Coblentz v. StateCourt of Appeals of Maryland · 1933
- Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
- State v. HamlinSupreme Court of Connecticut · 1879
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
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