Commonwealth v. Carrington
Massachusetts Supreme Judicial Court
Complaint for larceny of a guinea hen. Trial in the Superior Court, on appeal, before Dewey, J., who allowed a bill of exceptions in substance as follows : The jury not having agreed at the time of adjournment of the morning session, the presiding judge directed the officer, that if the jury should agree on a verdict before the afternoon session, they should seal up the same and bring it in at the afternoon session, and directed the officer to tell the jury to return a…
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Complaint for larceny of a guinea hen. Trial in the Superior Court, on appeal, before Dewey, J., who allowed a bill of exceptions in substance as follows : The jury not having agreed at the time of adjournment of the morning session, the presiding judge directed the officer, that if the jury should agree on a verdict before the afternoon session, they should seal up the same and bring it in at the afternoon session, and directed the officer to tell the jury to return a verdict of guilty or not guilty, according as they might agree, and to have it signed by the foreman and sealed up; that then…
1Opinion of the CourtGray, C. J.
This bill of exceptions presents the question whether in a criminal case, not capital, the jury may be authorized by the court, without the consent of the defendant, to separate after agreeing upon, signing and sealing up a paper in the form of a verdict, and afterwards return a verdict in open court in accordance with the result so stated and sealed up.
The tendency of modern decisions has been to relax the strictness of the ancient practice which required jurors to be kept together from the time they were empanelled until they returned their verdict or were finally discharged by the court.
In…
2Cases cited3 opinions
- Reins v. PeopleIllinois Supreme Court · 1863
- Commonwealth v. DorusMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. DurfeeMassachusetts Supreme Judicial Court · 1868
3Cited by16 opinions
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- Grant v. StateSupreme Court of Florida · 1894
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Rich v. FinleyMassachusetts Supreme Judicial Court · 1949
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
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