Commonwealth v. Costello
Massachusetts Supreme Judicial Court
Indictment for forgery. At the trial in the Superior Court, the defendant was found guilty, and, before sentence, filed a motion for a new trial. This motion was heard and overruled in the absence of the defendant, while he was confined in jail. Neither the defendant nor his counsel expressed a wish that he should be present at the hearing.
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Indictment for forgery. At the trial in the Superior Court, the defendant was found guilty, and, before sentence, filed a motion for a new trial. This motion was heard and overruled in the absence of the defendant, while he was confined in jail. Neither the defendant nor his counsel expressed a wish that he should be present at the hearing. The defendant, on being called up for sentence, filed a motion in arrest of judgment for the following reasons : “ 1. It does not appear of record that he was present when and while the motion for a new trial was heard and tried, and when the same was…
1Opinion of the CourtGray, C. J.
The rule that a defendant has the right to be present ■ at every step of the proceedings against him in behalf of the Commonwealth, from arraignment to sentence, does not apply to a motion for a new trial, which is not a necessary step in those proceedings, and is not made by the Commonwealth, but by the defendant himself, and is addressed to the discretion of the court, and is not followed by any new judgment against him.
When the defendant is already in custody, it has never been the practice in this Commonwealth to require his presence at the making, the hearing or the decision of a motion…
2Cases cited2 opinions
- Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1867
- Hooker v. CommonwealthSupreme Court of Virginia · 1855
3Cited by23 opinions
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. OwensMassachusetts Supreme Judicial Court · 1993
- Commonwealth v. BergstromMassachusetts Supreme Judicial Court · 1988
- Barber v. United StatesCourt of Appeals for the Fourth Circuit · 1944
- Commonwealth v. RobichaudMassachusetts Supreme Judicial Court · 1970
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